Agenda packet — Montebello City Council, August 1, 2022 (part 1 of 2)

CITY OF MONTEBELLO

CALL AND NOTICE OF A SPECIAL CITY COUNCIL MEETING AGENDA

WEDNESDAY, AUGUST 1, 2022 AT 5:00 P.M.

CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD
MONTEBELLO, CALIFORNIA 90640

NOTICE IS HEREBY GIVEN that a Special Meeting f or the City of Montebello City Council is hereby called to be held on Monday, August 1 , 2022 at 5:00 p.m. at City Hall, Council Chambers, located at 1600 West Beverly Boulevard, Montebello, CA 90640 . The meeting will be live streamed and can be watched on the City’s website at:
https://www.cityofmontebello.com/government/live-streaming.html, and may also be viewed on Spectrum Public Access Channel 3 for all Spectrum cable subscribers.

COVID-19 NOTICE: The City Council rescinded the Declaration of the Local Emergency and the continuation of teleconferencing open meetings pursuant to AB 361 by adopting Resolution No. 22-21 on Wednesday, April 13, 2022. This City Council Meeting w ill be held in person and will meet at City Hall – City Council Chambers, 1600 West Beverly Boulevard, Montebello, California.

AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act (ADA) any person with a disability who requires special accommodations in order to participate in a meeting should contact the Administration Office at (323) 887 -1437 Monday-Thursday from 7:30 a.m. -5:30 p.m. Please call 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to this meeting (28 CFR 35.102 -35.104 ADA Title II 1203). If you require translation services, please contact the City Clerk’s office 48 hours before this meeting. Si necesita servicios de traducción, comuníquese con la Ofi cina del Secretario Municipal 72 horas antes de esta reunión. 如果您需要翻译服务，请在会议前 72 小时联系市书记员办公室

RULES OF DECORUM:

As Established by Ordinance 2443, adopted on October 27, 2021: Signs, placards, banners, horns, noise -making devices, or other similar items shall not be permitted in the audience during a Public Meeting if the presence of such item disturbs, disrupts or otherwise impedes the orderly conduct of the meeting. All persons attending a public meeting shall remain seated in the seats provided, unless addressing the body at the podium or entering or leaving the meeting. No member of the audience shall willfully interrupt the orderly conduct at the meeting, this includes clapping or otherwise speaking from their seats. The presiding officer August 1, 2022 – Call and Notice of a Special City Council Meeting Page 2 of 7

shall direct the removal of any individual whose willful interruption renders infeasible the orderly conduct of the meeting. In the event the removal of the individual or individuals willfully interrupting the meeting does not restore order, the presiding officer may order the meeting room cleared and continue in session. Speakers shall not engage in willful conduct which interrupts the meeting or interferes with the orderly conduct of the meeting. Any person who becomes boisterous while addressing the Council or who otherwise disrupts the orderly conduct of the Council’s business s hall be subject to removal from the Chambers after being admonished by the presiding officer.

PUBLIC COMMENTS:

In-Person: For those interested in participating during the Public Comment period(s) or public testimony period for Public Hearings of the City Council meetings, you may address the City Council in person the day of the meeting. Speakers will be required to fill out a speaker card provided at the door and turn it into the Deputy City Clerk prior to each Public Comment announcement period. Staff w ill number and call each speaker card in the order received.

Closed Session begins at 5:00 p.m. and Regular Session begins no later than 6:00 p.m.

Via Email: The public may also submit emailed comments via the City’s email address:
[email protected], up until the day of the meeting, Monday, August 1, 2022 by 3:00 p.m. These comments will be submitted to all members of the City Council and may not be read aloud but will be entered into the record of the proceedings to the extent they relate to matters listed on the posted agenda. Any requests to provide public comment which is submitted after the deadlines indicated above will not be submitted to the City Council.

AGENDA MATERIA LS: The agenda/agenda packet are available for public inspection at City’s website at: https://www.cityofmontebello.com/council-agendas.html. The agenda cover sheets may also be emailed upon request.

IN CONSIDERATION OF OTHERS, PLEASE TURN OFF, OR MUTE, ALL CELL PHONES AND PAGERS.

THANK YOU FOR YOUR COOPERATION.

OPENING CEREMONIES

CALL TO ORDER

ROLL CALL

PUBLIC COMMENTS ON AGENDA ITEMS ONLY (30 MINUTES)
At this time, the general public may only address the City Council during this Special Meeting on items which have been described in the notice of this Special meeting in accordance with Government Code Section 54954.3(a). Please be aware that the maximum time allotted for members of the public to speak on shall not exceed three (3) minutes per person. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your c omments to the Mayor.

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CLOSED SESSION

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Government Code Section 54956.8
Property: 901 Via San Clemente, Montebello CA
Agency’s Negotiator: René Bobadilla, City Manager
Negotiating Party: Topgolf
Under Negotiation: Price and Terms

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2)
One Matter Related To SB 1383 Compliance

3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Government Code Section 54956.8
Property: 701 West Whittier Boulevard, Montebello
Agency Negotiator: René Bobadilla, City Manager
Negotiating Party: Jimmy’s Property
Under Negotiation: Price and Terms

4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Government Code Section 54956.8
Property: Bus Depot
Agency Negotiator: René Bobadilla, City Manager
Negotiating Party: Pico Rivera
Under Negotiation: Price and Terms

5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957
Title: City Manager René Bobadilla

REGULAR SESSION – 5:00 P.M.

CORRECTIONS TO THE AGENDA – CITY MANAGER

REGULAR BUSINESS

6. ADOPT RESOLUTION NO. 22-60 AUTHORIZING THE C ITY OF MONTEBELLO TO INITIATE THE PROCESS TO DISCO NTINUE ROUTE 60 TRAN SPORTATION SERVICES PROVIDED BY AND THROUGH MONTEBELLO BUS LINES FOR THE WINTER/SPRING 2023 SHAKEUP

RECOMMENDATION: It is recommended that the City Council:

1) Adopt Resolution No. 22 -60 authorizing the City of Montebello (“Montebello”) to initiate the process to discontinue Route 60 transportation services provided by and through Montebello Bus Lines ( “MBL”) for the Winter/Spring 2023 shakeup, August 1, 2022 – Call and Notice of a Special City Council Meeting Page 4 of 7

including but not limited to, the issuance of a termination notice to the City of Pico Rivera (“Pico Rivera”) and scheduling of the required public hearing; and 2) Take such additional, related action that may be desirable.

CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine. Any items a Councilmember wishes to discuss should be designated at this time. All other items may be approved in a single motion. Such approval will also waive the reading of any ordinance.

7. APPROVE AMENDMENT OF RESOLUTION NO. 22 -55 AND RESOLUTION NO . 22-57 TO ADD THE OFFICE OF CITY TREASURER TO THE NOVEMBER 2022 BALLOT

RECOMMENDATION: It is recommended that the City Council:

1) Approve amendment of Res olution No. 22 -55 calling for the holding of a General Municipal Election to be held on Tuesday, November 8, 2022, for the election of certain officers as required by the provisions of the laws of the State of California relating to General Law Cities to a dd the office of City Treasurer to the November 2022 ballot; and
2) Approve amendment of Resolution No. 22-57 requesting the Board of Supervisors of the County of Los Angeles to consolidate a General Municipal Election to be held on Tuesday, November 8, 2022 with other Los Angeles County and State of California elections to be held on the date pursuant to § 10403 of the Elections Code to add the office of City Treasurer to the November 2022 ballot.

8. APPROVE RESOLUTION NO.’S 22-63 AND 22-64 AUTHORIZING APPLICATIONS FOR THE

LOS ANGELES COUNTY R EGIONAL PARK AND OPE N SPACE DISTRICT MEA SURE A

COMPETITIVE GRANT PROGRAMS

RECOMMENDATION: It is recommended that the City Council:

1) Approve Resolution No.’s 22 -63 and 22 -64 authorizing the submission of applications for L os Angeles County Regional Park and Open Space District (LARPOSD) Measure A Competitive Grant Recreation Access and Youth and Veteran Job Training and Placement Programs; and
2) Take such additional, related, action that may be desirable.

9. AWARD OF CONSTRUCTION CONTRACT – HYRAP STREETS PROJECT FISCAL YEAR 2022 - 23 (CP NO. 897)

RECOMMENDATION: It is recommended that the City Council:

1) Award a construction contract for the HYRAP Streets Project (CP 897) in the amount of $2,440,259 to Manhole Adjusting, Inc.; and
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2) Authorize the Director of Public Works to review and approve change orders within a 10% contingency of the contract amount as recommended by the City Engineer; and
3) Authorize the City Manager to execute the Contract Agreement, on behalf of the City; and
4) Amend the Fiscal Year 2022 -23 budget by reallocating funds in Fund 222 (Measure M) by $600,000 (Account No. 222-99-7116) and in Fund 220 (Measure R) by $90,000 (Account No. 220-99-7116); and
5) Take such additional, related, action that may be desirable.

10. APPROVE NINTH AMENDMENT TO AGREEMENT NO. 2883 WITH SAN GABRIE L VALLEY WATER COMPANY FOR THE OPERATION OF THE CITY’S WATER SYSTEM

RECOMMENDATION: It is recommended that the City Council:

1) Approve a Ninth Amendment to Agreement No. 2883 with San Gabriel Val ley Water Company for the operation of the City’s Water System; and 2) Authorize the City Manager to execute the Amendment on behalf of the City; and 3) Take such additional, related, action that may be desirable

11. AUTHORIZE NOTICE INV ITING BIDS – MONTEBELLO MUN ICIPAL GOLF COURSE RENOVATION PROJECT (CP NO. 894)

RECOMMENDATION: It is recommended that the City Council:

1) Approve the Plans, Specifications, and Estimate (PS&E) for the Montebello Municipal Golf Course Renovation Project – Phase 1 (CP No. 897-1) and authorize the City Clerk to publish the Notice Inviting Bids (Attachment A); and 2) Approve the Plans, Specifications, and Estimate (PS&E) for the Montebello Municipal Golf Course Renovation Project – Phase 2 (CP No. 897-2) and authorize the City Clerk to publish the Notice Inviting Bids (Attachment B); and 3) Approve the Notice of Exemption (Attachment C) for the subject project and authorize the City Clerk to file the Notice of Exemption with Los Angeles Registrar - Recorder; and
4) Approve Amendment No. 2 to Agre ement No. 3937 with SportFive Golf, LLC (Attachment D) for additional architectural and engineering design services in the amount not-to-exceed $149,980; and
5) Award Task Order No. 3 via an Engagement Letter (Attachment E) under Master Retainer Agreement No. 3919 with AIM Consulting Services for additional Program Management Services for a not-to-exceed-fee of $188,841; and 6) Amend the Fiscal Year 2022 -23 budget by increasing appropriations by $149,980 (SportFive Golf LLC) in Account No. 610 -99-6040.80 (Golf Co urse, Engineering Services), and $188,841 (AIM Consulting Servings) in Account No. 610 -99-6040.95 (Golf Course, Other Professional Services); and
7) Take such additional, related, action that may be desirable.

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12. ANNUAL CONCRETE REPA IR PROGRAM (CP NO. 8 91) – ENGAGEMENT LETTER FOR

CONSTRUCTION MANAGEM ENT AND INSPECTION S ERVICES BY ONWARD

ENGINEERING

1) Award Task Order No. 3 via an Engagement Letter under Master Retainer Agreement No. 3920 with Onward Engineering for a not -to-exceed-fee of $83,100; and
2) Authorize the City Manager to execute the Agreement, on behalf of the City; and 3) Take such additional, related, action that may be desirable.

13. APPROVE MATERIAL REC OVERY FACILITIES (MR F) USE AGREEMENT NO. 4010 WITH ARAKELIAN ENTERPRISES, INC. (DBA ATHENS SERVICES)

RECOMMENDATION: It is recommended that the City Council:

1) Approve the Material Recovery Facilities (MRF) Use Agreement (Attachment A) with Arakelian Enterprises, Inc. (DBA Athens Services); and
2) Authorize the Mayor to execute the agreement on behalf of the City; and 3) Take such additional, related, action that may be desirable.

14. APPROVE A SOLE -SOURCE AGREEMENT NO. 3978 WITH OPTIBUS, I NC., FOR

SCHEDULING SOFTWARE LICENSES AND SUPPORT SERVICES

RECOMMENDATION: It is recommended that the City Council:

1) Approve a sole -source agreement with Optibus, Inc. (“Optibus”), for scheduling software licenses and support services; and
2) Authorize the City Manager and/or his designee to execute an agreement on behalf of the City; and
3) Take such additional, related, action that may be desirable.

15. APPROVAL TO SUBMIT APPLICATION FOR THE SAN GABRIEL AND LOWER LOS ANGELES

RIVERS AND MOUNTAINS CONSERVANCY (RMC) WI LDFIRE PREVENTION GR ANT

PROGRAM

RECOMMENDATION: It is recommended that the City Council:

1) Approve the submissi on of the grant application for the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC) Wildfire Prevention Grant Program; and
2) Take such additional, related, action that may be desirable.

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16. APPROVAL TO APPLY FO R THE PERMANENT LOCA L HOUSING ALLOCATION PROGRAM

FORMULA FUNDING

RECOMMENDATION: It is recommended that the City Council:

1) Approve Application for the Permanent Local Housing Allocation Program Formula Funding; and
2) Take such additional, related, action that may be desirable.

ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on Wednesday, August 10, 2022 at 5:0 0 p. m. which can be live streamed at www.cityofmontebello.com (Click on Live Stream).

Dated and Posted Before: July 31, 2022 by 5:00 p.m.

I, Alicia Fernandez, Deputy City Clerk for the City of Montebello hereby certify that a copy of this agenda and Notice of a Special Meeting has been posted at City Hall, the City’s website, and delivered to each member of the City of Montebello City Council no less than 24 -hours before the start of the Special Meeting.

_____________________________________________
Alicia Fernandez, Deputy City Clerk

ITEM #____

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Lupita Ibarra, Director of Transportation
SUBJECT: Adopt Resolution No. 22-60 Authorizing the City o f Montebello to Initiate the Process to Discontinue Route 60 Transportation Services Provided by and Through Montebello Bus Lines for the Winter/Spring 2023 Shakeup
DATE: August 1, 2022
RECOMMENDATIONS:

It is recommended that the City Council:
1) Adopt Resolution No. 22- 60 authorizing the City of Montebello (“Montebello”) to initiate the process to discontinue Route 60 transportation services provided by and through Montebello Bus Lines (“MBL”) for the Winter/Spring 2023 shakeup , including but not limited to, the issuance of a termination notice to the City of Pico Rivera (“Pico Rivera”) and scheduling of the required public hearing; and 2) Take such additional, related action that may be desirable.

FISCAL IMPACT
The 2020 National Transit Database (NTD) Agency Profile (see Attachment “A”) identifies the cost per vehicle revenue hour as $147.81 for MBL. The daily total revenue service time provided by the one (1) transit bus on Route 60 is 12.21 hours . Operating transportation services on Route 60 impacts
the Transit Operations Budget by
approximately $1,805 per day with an anticipated annual cost of approximately $469,238.

Discontinuing service on Rout e 60 will be reflected in the Local Transportation Fund and adjusted through the annual Los Angeles County Formula Allocation process. 6 CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF AUGUST 1, 2022 Adopt Resolution No. 22 -60 Authorizing t he City Of Montebello to Initiate t he Process to Discontinue Route 60 Tr ansportation Services Provided by a nd Through Montebello Bus Lines for the Winter/Spring 2023 Shakeup

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BACKGROUND

On March 4, 2020, the State of California, the Los Angeles County Board of Supervisors, and the Los Angeles County Health Officer declared public health emergencies related to the global coronavirus (COVID-19) pandemic. In response, the Montebello City Council (“City Council”) declared a local emergency on March 12, 2020, with subsequent action taken on March 16, 2020. The action taken to protect the public health and the community included reducing fixed-route transportation services Montebello provides th rough MBL to Montebello and the surrounding communities , including Pico Rivera . Consequently, service to Route 60 was temporarily halted based on health guidelines and operational efficiency.

In September 2021, with the easing of COVID -19 e mergency protocols, Pico Rivera requested that Montebello consider restoring service to Route 60. Through bilateral discussions, Montebello agreed to meet Pico Rivera’s request to restore transportation services provided by MBL to Route 60 in accordance with the MOU between Montebello and Pico Rivera (see Attachment “B”). MBL resumed operations, Monday through Friday, from 6:00 a.m. to 6:30 p.m., beginning and ending at Arrington Ave. and Telegraph Rd., Pico Rivera, with service to Route 60 provided using one (1) transit bus looping northbound to southbound on the route, making stops every eighty (80) minutes.

The MOU allows for termination of Route 60 with thirty (30) day s’ notice with or without cause. Based on the proposed timing to discontinue Route 60 (i.e., Winter/Spring 2023 shakeup), the total notice will be approximately six (6) months which includes a 90 day notification period to host a public hearing.

In May 2021, Montebello contracted with Nelson \Nygaard Consulting Associates, Inc. (Consultant), to conduct a Comprehensive Operational Analysis (“Montebello Moves”) for MBL. The purpose of Montebello Moves was to provide an in-depth evaluation of MBL’s existing transportation system, garner public and stakeholder feedback regarding service priorities, and identify short -term and long -term actions to improve the efficiency and effectiveness of the transportation system that better aligns service with community needs. MBL has eight (8) fixed routes that serve 4.5 million passengers annuall y throughout 13 different cities. Each route within MBL’s system was evaluated for potential improvements, realignments, or discontinuation.

After months of extensive research, ridership assessments, an online survey, and multiple virtual public meeting s, the Consultant determined that Route 60 is significantly underperforming and recommended to remove the route from the MBL service footprint (see Attachment “C”). The low performance, low utilization, and lack of support during the public involvement proc ess are clear indication s that Montebello’s transportation resources c an be better utilized in other areas that further develop the tran sportation system. This revised service change enables additional enhancements to higher performing services throughout the MBL system that received high levels of public CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF AUGUST 1, 2022 Adopt Resolution No. 22 -60 Authorizing t he City Of Montebello to Initiate t he Process to Discontinue Route 60 Tr ansportation Services Provided by a nd Through Montebello Bus Lines for the Winter/Spring 2023 Shakeup

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support, including extensions to Cal State Los Angeles and the South Pasadena Gold Line Station.

ANALYSIS

Route 60 is among the lowest ridership routes within the MBL syste m and lags behind other routes in rebounding ridership throughout the recove ry from the COVID -19 pandemic. Furthermore, Route 60 has steadily declined over the past five years, losing 73% of its ridership since 2017.

As a result of the low demand for service observed on the Passons Boulevard corridor, it is recommended that Route 60 be discontinued from the MBL system, allowing resources to be redistributed to improve service in areas with higher demand.

The Consultant conducted multiple community outreach programs and received minimal responses from direct Route 60 riders. The purpose of the programs was to evaluate ridership behavior and demographics for the community, identify satisfaction with various aspects of MBL service, and determine priorities for service improvements.

The Consultant preliminarily considered an alternate option of combining Routes 60 and 70 into a single route to more efficiently utilize existing resources and maintain coverage within the area. Nonetheless, following the lack of support through community outreach initiatives for the preliminary service change proposal, a revised re commendation was developed that included removing Route 60 from service altogether.

In addition, the Transportation Ad Hoc Committee (“Committee”) met to discuss Route 60, riding this route , on Wednesday, June 29, 2022. Based on the Committee’s observations, they concluded that Route 60 should be discontinued due to the dwindling route productivity as it operates along a predominantly residential street. As such, if authorized by the City Council, MBL will start the process to discontinue Route 60 for the Winter/Spring 2023 shakeup including hosting a public hearing through a 90 -day notification period. This process will also include public and stakeholder notifciations.

SUMMARY
Staff recommends that the City Council consider the adoption of Resolution No. 22 -60 (see Attachment “D”) authorizing the City of Montebello to initiate the process to discontinue Route 60 transportation services provided by and through Montebello Bus Lines for the Winter/Spring 2023 shakeup , including but not limited to, the issuance of a termination notice to the City of Pico Rivera and scheduling of the required public hearing; and direct staff to take such additional related, action that may be desirable.

CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF AUGUST 1, 2022 Adopt Resolution No. 22 -60 Authorizing t he City Of Montebello to Initiate t he Process to Discontinue Route 60 Tr ansportation Services Provided by a nd Through Montebello Bus Lines for the Winter/Spring 2023 Shakeup

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ATTACHMENTS:

A. Attachment A – 2019 National Transit Database (NTD) Agency Profile – MBL B. Attachment B – MOU (No. 21-11) between the City of Montebello and the City of Pico Rivera
C. Attachment C – Nelson\Nygaard Consulting Associates, Inc. Route 60 Recommendation Memorandum
D. Attachment D – Proposed Resolution No. 22-60 authorizing the City of Montebello to initiate the process to discontinue Route 60 transportation services provided by and through Montebello Bus Lines for the Winter/Spring 2023 shakeup http://www.ridembl.com/ City of Montebello, dba: Montebello Bus Lines 1600 W Beverly Blvd 2020 Annual Agency Profile Mrs. Adrianna Kendricks Montebello, Ca 90640-3932 (323) 558-1625
General Information Financial Information Performance Measure Targets - 2021 Urbanized Area Statistics - 2010 Census Service Consumption Database Information Sources of Operating Funds Expended Operating Funding Sources Performance Measure - Asset Type - Target % not in State of Good Repair Los Angeles-Long Beach-Anaheim, CA 15,213,456 Annual Passenger Miles (PMT) NTDID: 90041 Fares and Directly Generated $3,185,420 10.6% Equipment - Automobiles - 58% 1,736 Square Miles 3,920,619 Annual Unlinked Trips (UPT) Reporter Type: Full Reporter Local Funds $23,403,933 77.8% Equipment - Trucks and other Rubber Tire Vehicles - 60% 12,150,996 Population 12,492 Average Weekday Unlinked Trips Asset Type: Tier II State Funds $1,817,041 6.0% Facility - Administrative / Maintenance Facilities - 100% 2 Pop. Rank out of 498 UZAs 7,215 Average Saturday Unlinked Trips Sponsor NTDID: Federal Assistance $1,665,500 5.5% Facility - Passenger / Parking Facilities - 0% 5,054 Average Sunday Unlinked Trips Rolling Stock - BU - Bus - 5% Total Operating Funds Expended $30,071,894 100.0%
Assets
Service Area Statistics Service Supplied Revenue Vehicles 117 Sources of Capital Funds Expended 151 Square Miles 2,037,459 Annual Vehicle Revenue Miles (VRM) Service Vehicles 22 Fares and Directly Generated $0 0.0% 315,074 Population 197,125 Annual Vehicle Revenue Hours (VRH) Facilities 3 Local Funds $74,476 2.2% 111 Vehicles Operated in Maximum Service (VOMS) Track Miles State Funds $1,523,890 45.3% 115 Vehicles Available for Maximum Service (VAMS) Lane Miles Federal Assistance $1,764,825 52.5% Capital Funding Sources
Modal Characteristics Total Capital Funds Expended $3,363,191 100.0% Modal Overview Summary of Operating Expenses (OE)
Mode
Directly
Operated
Purchased
Transportation
Revenue
Vehicles
Systems and
Guideways
Facilities and
Stations Other Total Labor $19,998,869 68.1%
Demand Response - 40 $0 $0 $0 $0 $0 Materials and Supplies $2,177,237 7.4% Bus 66 5 $2,499,986 $861,653 $1,552 $0 $3,363,191 Purchased Transportation $1,162,866 4.0% Total 66 45 $2,499,986 $861,653 $1,552 $0 $3,363,191 Other Operating Expenses $6,012,257 20.5% Total Operating Expenses $29,351,229 100.0%
Reconciling OE Cash Expenditures $720,665
Purchased Transportation
(Reported Separately) $0
Fare Revenues: 10.6%Local Funds: 77.8%State Funds: 6.%Federal Assistance: 5.5%Local Funds: 2.2% State Funds: 45.3% Federal Assistance: 52.5% Operation Characteristics
Mode
Operating
Expenses Fare Revenues
Uses of
Capital Funds
Annual
Passenger Miles
Annual Vehicle
Revenue Miles
Annual Vehicle
Revenue Hours
Demand Response $836,273 $31,772 $0 82,436 54,335 66,220 4,214 0.0 40 40 0.0% 0.0 Bus $28,514,956 $2,757,259 $3,363,191 15,131,020 3,866,284 1,971,239 192,911 0.0 75 71 5.6% 9.0 Total $29,351,229 $2,789,031 $3,363,191 15,213,456 3,920,619 2,037,459 197,125 0.0 115 111 3.5% Performance Measures
Mode Mode
Demand Response $12.63 $198.45 Demand Response $10.14 $15.39 0.8 12.9 Bus $14.47 $147.81 Bus $1.88 $7.38 2.0 20.0
Total $14.41 $148.90 Total $1.93 $7.49 1.9 19.9
11 12 13 14 15 16 17 18 19 20 Bus
OE/VRM $8.75 $9.44 # $10.85 # $10.17 # $11.26 # $14.47 Demand Response 2006: 8.75 2007: 9.44 2008: 9.43 2009: 10.85 2010: 10. 2011: 10.17 2012: 10.5 2013: 11.26 2014: 11.84 2015: 14.47 OE/PMT $0.83 $0.85 # $1.02 # $1.07 # $1.26 # $1.88 2006: .83 2007: .85 2008: .87 2009: 1.02 2010: .99 2011: 1.07 2012: 1.21 2013: 1.26 2014: 1.33 2015: 1.88 UPT/VRM 3.20 3.37 # 3.26 # 2.94 # 2.47 # 1.96 2006: 3.2 2007: 3.37 2008: 3.32 2009: 3.26 2010: 3.05 2011: 2.94 2012: 2.67 2013: 2.47 2014: 2.23 2015: 1.96 OE/VRM $2.76 $2.63 # $3.82 # $4.60 # $4.93 # $12.63 2006: 2.76 2007: 2.63 2008: 3.33 2009: 3.82 2010: 4.93 2011: 4.6 2012: 4.39 2013: 4.93 2014: 5.58 2015: 12.63 OE/PMT $2.15 $2.06 # $2.98 # $2.81 # $3.08 # $10.14 2006: 2.15 2007: 2.06 2008: 2.52 2009: 2.98 2010: 3.2 2011: 2.81 2012: 2.52 2013: 3.08 2014: 3.5 2015: 10.14 UPT/VRM 0.66 0.66 # 0.63 # 0.78 # 0.79 # 0.82 2006: .66 2007: .66 2008: .67 2009: .63 2010: .78 2011: .78 2012: .81 2013: .79 2014: .8 2015: .82 Notes:
ªDemand Response - Taxi (DT) and non-dedicated fleets do not report fleet age data.

Average Fleet
Age in Yearsª
Annual
Unlinked Trips
Percent
Spare Vehicles
Vehicles Operated
in Maximum Service Uses of Capital Funds
Fixed Guideway
Directional
Route Miles
Vehicles Available
for Maximum
Service
Vehicles Operated in
Maximum Service
Service Efficiency Service Effectiveness
Operating Expenses per
Vehicle Revenue Mile
Operating Expenses per
Vehicle Revenue Hour
Operating Expenses per Passenger
Mile
Operating Expenses per
Unlinked Passenger Trip
Unlinked Trips per
Vehicle Revenue Mile
Unlinked Trips per
Vehicle Revenue Hour

10.6%

77.8%

6.0%

5.5%

2.2%

45.3%

52.5%
$0.00
$5.00
$10.00
$15.00
$20.00
11 12 13 14 15 16 17 18 19 20
Operating Expense per Vehicle Revenue
Mile: Bus
$0.00
$0.50
$1.00
$1.50
$2.00
11 12 13 14 15 16 17 18 19 20
Operating Expense per Passenger Mile:

Bus

0.00 1.00

2.00 3.00

4.00 11 12 13 14 15 16 17 18 19 20
Unlinked Passenger Trip per Vehicle
Revenue Mile: Bus
$0.00
$5.00
$10.00
$15.00
11 12 13 14 15 16 17 18 19 20
Operating Expense per Vehicle Revenue
Mile: Demand Response
$0.00
$5.00
$10.00
$15.00
11 12 13 14 15 16 17 18 19 20
Operating Expense per Passenger Mile:

Demand Response

0.00 0.20

0.40 0.60

0.80 1.00
11 12 13 14 15 16 17 18 19 20
Unlinked Passenger Trip per Vehicle
Revenue Mile: Demand Response

ATTACHMENT A
MEMORANDUM OF UNDERSTANDING NO. 21-11

BY AND BETWEEN THE CITY OF MONTEBELLO
(BY AND THROUGH MONTEBELLO BUS LINES)

AND THE CITY OF PICO RIVERA
This Memorandum of Understanding ("MOU") is entered into on October 13, 2021 ("Effective Date") by and between the City of Montebello (by and through Montebello Bus Lines ("MBL")), a California municipal corporation (hereinafter "Montebello"}, and the City of Pico Rivera, a California municipal corporation (hereinafter "Pico Rivera"}, for the purpose of resuming service to Route 60 provided by MBL. Montebello and Pico Rivera are at times referred to herein individually as a "Party" and jointly as the "Parties." WHEREAS, MBL provides public transportation services to Montebello and neighboring communities including Pico Rivera;
WHEREAS, on March 4, 2020, the Los Angeles County Public Health Officer (the "County"}
declared a local health emergency based on an imminent and proximate threat to public health from the introduction of a novel coronavirus ("COVID-19"} in Los Angeles County (the "COVID-19 Emergency");
WHEREAS, on March 4, 2020, the Governor of the State of California declared a State of Emergency in California as a result of the threat of COVID-19; WHEREAS, on March 12, 2020, Montebello signed a local emergency declaration ratifying the local health emergency declared by the County; WHEREAS, on March 13, 2020, the President of the United States issued a Proclamation on Declaring a National Emergency Concerning the COVID-19 Outbreak; WHEREAS, on March 16, 2020, Montebello took subsequent action to protect the health, safety, and welfare of the community by reducing the fixed transportation services provided by MBL to Montebello and surrounding communities; WHEREAS, service to Route 60 provided by MBL operating two (2) buses, one (1) running northbound and one (1} running southbound; stopping every thirty-five (35) minutes, halted due to the COVID-19 Outbreak;
WHEREAS, recently, with the easing of COVID-19 Emergency protocols, Pico Rivera requested Montebello consider restoring service to Route 60;

WHEREAS,
in order to meet Pico Rivera's request to restore transportation services, the Parties have agreed that MBL shall provide and resume service to Route 60 described herein running to and around Pico Rivera;

ATTACHMENT B

MEMORANDUM OF UNDERSTANDING

BY AND BETWEEN THE CITY OF MONTEBELLO (BY AND THROUGH

MONTEBELLO BUS LINES) AND THE CITY OF PICO RIVERA

Page 2 of 6 ends

WHEREAS, Montebello, by and through MBL, agrees to resume Route 60 with service to and around Pico Rivera starting on September 20, 2021 according to an agreed-upon schedule;
WHEREAS, as a recipient of Federal Transit Administration (FTA) Funds MBL will comply with Federal rules and regulations such as FTA Circular 4702.1 B, which provides guidance and instructions necessary to carry out U.S. Department of Transportation ("DOT') Title VI regulations (49 CFR part 21) and to integrate into their programs and activities considerations expressed in the DOT's Policy Guidance Concerning Recipients' Responsibilities to Limited English Proficient ("LEP") Persons (70 FR 74087, December 14, 2005); and
WHEREAS, this MOU is a legally binding agreement based on the promises of the Parties outlined herein.

NOW THEREFORE, in consideration of the mutual obligations set forth herein, Montebello, by and through MBL, and Pico Rivera agree as follows:

1. PURPOSE OF THIS MEMORANDUM OF UNDERSTANDING
The purpose of this MOU is to re-establish an agreement between Montebello and Pico Rivera where MBL will resume service using one (1) bus looping northbound to southbound on route. To effectuate this agreement between the Parties, the service will commence on September 20, 2021, Monday through Friday, from the hours of 6:55 a.m. to 6:28 p.m., beginning and ending in Pico Rivera.

2. TERM AND TERMINATION
The term of this MOU shall commence on September 20, 2021 and shall remain in effect until terminated by a further written communication. Either Party may terminate this MOU with or without cause upon thirty (30) days advanced written notice to the other Party.

3. PARTIES' RESPONSIBILITIES:

The Parties will work together to effectuate Route 60 bus service described herein running to and around Pico Rivera. Pico Rivera shall not be obligated to provide any form of service to Route 60. All service will be provided by MBL.

A. MBL will adhere to the following schedule to resume Route 60 operations:
i. MBL will resume operations beginning September 20, 2021, Monday through Friday ("Weekdays"), from 6:55 a.m. to 6:28 p.m., beginning and ending at Arrington Ave. and Telegraph Rd., Pico Rivera, as described in Attachment A ("Line 60 Bus Stops"), attached hereto and incorporated herein by this reference.

MEMORANDUM OF UNDERSTANDING

BY AND BETWEEN THE CITY OF MONTEBELLO (BY AND THROUGH

MONTEBELLO BUS LINES) AND THE CITY OF PICO RIVERA

Page 3 of 6 ends

ii. MBL will restore service to Route 60 using one (1) bus looping northbound to southbound on route, making stops every seventy (70) minutes.

B. MBL will not be required to provide service for Route 60 after 6:28 p.m. ("Evenings"), Saturdays or Sundays ("Weekends"), or Legal Holidays.

C. Montebello is conducting a Comprehensive Operational Analysis of MBL's entire transit system which may provide future recommendations that may impact current service and routing for Route 60. Should the analysis recommend changes (i.e., increase/decrease/pause/eliminate) to service of Route 60 due to ridership demand, the Parties may amend this MOU in writing in accordance with Subsection (C) "Amendments" of Section 4 "General Conditions and Procedures" described below.
i. MBL will conduct all necessary outreach and communication to satisfy the stated goals, objectives and policies of MBL's Public Participation Plan in accordance with FTA Circular 4702.1 B Chapter 111-5 Promoting Inclusive Public Involvement; to promote public involvement in transit planning decision-making activities prior to making any final determination or decision regarding potential service changes to Route 60.

D. Pico Rivera shall agree to indemnify, hold harmless, and defend Montebello in accordance with Subsection (B) "Indemnity" of Section 4 "General Conditions and Procedures" described below.

4. GENERAL CONDITIONS AND PROCEDURES
A. Personnel. For purposes of this MOU, Montebello and Pico Rivera shall remain independent public entities. Pico Rivera shall not be considered employees or contractors of Montebello or MBL for any purpose. Staff and personnel shall, during the term of this MOU, remain employees of their respective employer for all purposes. The officers, officials, employees, and agents of Montebello and Pico Rivera shall, at all times during the term of this MOU, be under the exclusive control of their respective employer.

B. Indemnity. Pico Rivera agrees to indemnify and hold Montebello, including MBL, its members, officials, officers, volunteers, agents, and staff harmless from and against any and all actions, claims, damages, liabilities, losses, or expenses, including any "non-compliance" claim under the American with Disabilities Act (ADA), legal costs, and attorneys' fees, whether or not suit is actually filed, as a result of action, inaction or conduct by the City of Pico Rivera, its members, officials, officers, volunteers or employees that may be asserted against or incurred by Montebello with respect to or in any way arising out of or in connection with

MEMORANDUM OF UNDERSTANDING

BY AND BETWEEN THE CITY OF MONTEBELLO (BY AND THROUGH

MONTEBELLO BUS LINES) AND THE CITY OF PICO RIVERA

Page 4 of 6 ends

Route 60 services to Pico Rivera, or any other person or entity involved by, for, with or on behalf of Pico Rivera, in the performance of this MOU.

Montebello agrees to indemnify and hold Pico Rivera, its members, officials, officers, volunteers, agents, and staff harmless from and against any and an actions, claims, damages, liabilities, losses, or expenses, including any "non compliance" claim under the American with Disabilities Act (ADA), legal costs, and attorneys' fees, whether or not suit is actually filed, as a result of action or conduct by the City of Montebello, its members, officials, officers, volunteers or employees that may be asserted against or incurred by Pico Rivera with respect to or in any way arising out of or in connection with Route 60 services to Pico Rivera, or any other person or entity involved by, for, with or on behalf of Montebello, in the performance of this MOU.

C. Amendments. This MOU may be amended or modified at any time upon the written approval of both Parties. Montebello reserves the right to adjust service (i.e., increase/decrease/pause/eliminate) as necessary and will provide a ten (10) day written notice to Pico Rivera. MBL will comply with all Federal regulations in accordance with FTA Circular 4 702.1 B prior to any necessary service adjustment.

5. MISCELLANEOUS
A. Notices. All notices which the Parties requires or desires to give hereunder shall be in writing and shall be given when delivered personally or ten (10) business days after mailing by registered or certified mail (return receipt requested) to the following address or as such other addresses as the Parties may from time to time designate by written notice in the aforesaid manner:
lf to MBL:

Montebello Bus Lines
Attn: Director of Transportation
400 S. Taylor Avenue
Montebello, CA 90640
If to Pico Rivera:

City of Pico Rivera
Attn: City Manager
6615 Passons Boulevard
Pico Rivera, CA 90660
B. Waiver. Waiver by either Party of any term, condition, or covenant of this MOU shall not constitute a waiver of any other term, condition, or covenant. Waiver by

MEMORANDUM OF UNDERSTANDING

BY AND BETWEEN THE CITY OF MONTEBELLO (BY AND THROUGH

MONTEBELLO BUS LINES) AND THE CITY OF PICO RIVERA

Page 5 of 6 ends

a Party to any breach of the provisions of this MOU shall not constitute a waiver of any other provision or a waiver of any subsequent breach of any provision of this MOU.

C. Assignment of Rights. The Parties shall not delegate, transfer, or assign its duties or rights hereunder, either in whole or in part, without prior written consent and any attempt to so shall be void and of no effect.
'Ii·
D. Ct!,mQjiance with All A�lic�ble Laws. The Parties shall comply with all applicable ""-•� state, a d tra aws and regulations during the term of this MOU . ..,,,. .. .

E. Governing Law: Venue. :Y-his MOU shall be interpreted, construed, and governed• .. according tb·the laws of the State of California. In the event of litigation between �h�P�i� \"U�,shall lie exclusively in a Superior Court of the County of Los Angele$#.

F. No . The Parties to this MOU agree that the general rule \ , . nterpreted against the Party drafting it, or causing it to oe-·prep&1red, shall not apply.

G. Severability. If any term, provision, condition, or covenant of this MOU is declared or determined by any court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this MOU shall not be affected thereby and this MOU shall be read and construed without the invalid, void, or unenforceable provision(s).

H. Entire Agreement. This MOU constitutes the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, whether written or oral, with respect thereto.

I. Authority to Execute this Agreement. The person or persons executing this MOU on behalf of each Party warrants and represents that he or she has the authority to execute this MOU on behalf of the respective Party and has the authority to bind the same.
[SIGNATURE PAGE TO FOLLOW]

MEMORANDUM OF UNDERSTANDING

BY AND BETWEEN THE CITY OF MONTEBELLO (BY AND THROUGH

MONTEBELLO BUS LINES) AND THE CITY OF PICO RIVERA

Page 6 of 6 ends

IN WITNESS WHEREOF, the Parties have executed this contract as of the date indicated below and it is effective as of the date indicated above.

CITY OF MONTEBELLO, a California
municipal corporation
CITY OF PICO RIVERA, a California
municipal corporation
B � By: ------E....,._.
e, Mayor R ,
-----
Signature d;;., 1u,, 1; a r �df.,pJU-RS;gnature: ,.-- !JI Dated: �I/ U,/1--f Dated: 11/1'/JI. J
ATTEST:

Christopher Jimen
City of Montebello
APPROVED AS TO FORM:
�A--,
ez:sman, City Attorney'
ATTEST:

ATTACHMENT C

MEMORANDUM
To: Lupita Ibarra, Montebello Bus Lines
From: James Gamez, Nelson\Nygaard
Peter Soderberg, Nelson\Nygaard
Date: June 13, 2022
Subject: Montebello Moves Recommendations – Line 60 – Passons Blvd The Montebello Moves study includes a comprehensive review of the existing Montebello Bus Lines (MBL) system, public and stakeholder feedback regarding service priorities, and a series of recommendations to improve efficiency and better align service with community needs. Each route in the MBL system was evaluated for potential improvements, realignments, or discontinuation. This technical memorandum presents the findings, public feedback, and recommendations related to MBL’s Line 60 – Passons Blvd.

Existing Service
Line 60 – Passons Blvd provides local north-south
service between Northgate Market and the LA
County Probation Training Center in Pico Rivera.

The route operates along Passons Blvd and
primarily provides connections between residential
neighborhoods, grocery stores, and several schools
in Pico Rivera, the most prominent of which is El
Rancho High School. Service on Line 60 is generally
limited, operating infrequent service approximately
every 80 minutes on weekdays only between 6:00
a.m. and 6:30 p.m.

Line 60 was suspended in April 2020 during the
Covid-19 Pandemic and restored in September
2021. Due to this suspension, a sample of post-
pandemic ridership was not available for Line 60
during the existing conditions evaluation. Instead,
Figure 1 Line 60 Stop Level Boardings
Northbound and Southbound
(October 2019)
Montebello Moves Line 60 Recommendations
Montebello Bus Lines
Nelson\Nygaard Consulting Associates | 2
ridership from October 2019 was used to assess the pre-pandemic service characteristics of Line 60.

At that time, Line 60 averaged approximately 420 daily riders (about 3% of system ridership), ranking among the lowest ridership routes in the MBL system (Figure 2). Additionally, ridership appears to be highly oriented around school service with the highest ridership trips around school start and end times (7:00 a.m. and 3:00 p.m.), as shown in Figure 2, and the highest ridership stops located at El Rancho High School (Figure 1). Approximately 80% of bus stops served by Line 60 average fewer than 10 daily boardings.

Figure 2 MBL Average Daily Ridership by Route (October 2019)

Figure 3 Line 60 Average Weekday Boardings by Hour (October 2019)

-
1,000
2,000
3,000
4,000
5,000
6,000
10 Whittier
Blvd
20 San
Gabriel Blvd
30 Garfield
Ave
40 Beverly
Blvd
50 Washington
Blvd
60 Passons
Blvd
70 Wilcox
Ave
90 Downtown
Express
Weekday Saturday Sunday
-
10 20
30 40
50 60
70 80
5 6 7 8 9 10 11 12 13 14 15 16 17 18 19
Weekday
Montebello Moves Line 60 Recommendations
Montebello Bus Lines
Nelson\Nygaard Consulting Associates | 3
Historical Performance
Ridership
Average weekday ridership for Line 60 between 2017 and 2022 is shown in Figure 4.

Ridership on Line 60 has been steadily declining since 2017, decreasing from a high of 560 average passengers per weekday to a low of 153 average passengers per weekday in 2022 (a 73% decrease). No ridership is reported for 2021 as the route was suspended for much of the year. Ridership for 2020 is reported from the month of March, the last full month of service that year, and reflects a decrease related to the Covid-19 Pandemic. 2022 ridership is reported for the month of May, which is the most recent full month of service and represents ridership levels nine months after service restoration.

Figure 4 Line 60 Average Weekday Ridership by Year

Productivity
Average weekday boardings per revenue hour, also known as productivity, is an indication of how efficient transit service is for attracting ridership with a given amount of service. The productivity for Line 60 from 2017 to 2022 is shown below in Figure 5. Productivity steadily declined from 2017 to 2019 before increasing slightly in 2020. No service was operated during this sample period in 2021, but productivity in 2022 decreased to a new low of 12.4 boardings per revenue hour. Productivity decreased 23% over this five-year period from 2017 to 2022.
560
475
435
260
153
0 100
200
300
400
500
600
2017 2018 2019 2020 2021 2022
Montebello Moves Line 60 Recommendations
Montebello Bus Lines
Nelson\Nygaard Consulting Associates | 4
Figure 5 Line 60 Average Weekday Boardings per Revenue Hour

Farebox Recovery Ratio
Farebox recovery ratio is a metric used to denote the percentage of operating costs that are directly covered by passenger fares. This metric is often used to denote how cost-effective transit services are, with lower farebox recovery representing services with higher passenger subsidies. Historical farebox recovery for Line 60 is shown in Figure 6 from 2017 to 2020. No data is reported for 2021 due to the service suspension and farebox recovery has not yet been calculated for 2022. Over this three-year period, farebox recovery decreased by 77% from a high of 27.2% in 2017 to 6.4% in 2020. This suggests that service on Line 60 has become more expensive to provide relative to the fare revenue generated by ridership.

Figure 6 Line 60 Farebox Recovery Ratio

16.2 13.7

12.7 13.8

12.4 -

2.0 4.0

6.0 8.0

10.0 12.0

14.0 16.0

18.0 2017 2018 2019 2020 2021 2022

27.2%

14.4%

5.3%

6.4%
0%
5%
10%
15%
20%
25%
30%
2017 2018 2019 2020
Montebello Moves Line 60 Recommendations
Montebello Bus Lines
Nelson\Nygaard Consulting Associates | 5
Phase I Public Outreach Summary
Online Community Survey
An online community survey was open between October 11, 2021, and December 3, 2021.

The purpose of the survey was to evaluate ridership behavior and demographics for the community, identify satisfaction of various aspects of MLB service, and determine priorities for service improvements. The survey was advertised through paper flyers posted on board vehicles, at major stops, and in public buildings, social media posts on city accounts, and through information sharing with stakeholder networks and constituencies. Additionally, a $50 target gift card was made available as a raffle price to further incentivize participation in the survey.

The survey received 155 unique responses. Of these respondents, nine individuals identified as Line 60 riders, accounting for approximately 6% of all survey respondents, roughly double the proportion of Line 60 ridership within the MBL system. Four of the nine respondents (44%) who identified as Line 60 riders also identified as residents of Pico Rivera, while the other 56% reside in other communities in the Gateway Cities or Los Angeles. Line 60 riders were generally supportive of MBL service, with only 1-2 respondents rating frequency, service span, reliability, and areas of service as unacceptable (Figure 7).

Figure 7 Online Community Survey – Service Satisfaction (Line 60 Riders Only)

56%
56%
56%
67%
56%
11%
22%
11%
11%
33%
11%
22%
22%
11%
22%
22%
11%
0% 25% 50% 75% 100%
Frequency of service
Hours of service
Days of service
Reliability of service
Areas served
Service Satisfication - Line 60 Riders
Excellent Good Acceptable Unacceptable
Montebello Moves Line 60 Recommendations
Montebello Bus Lines
Nelson\Nygaard Consulting Associates | 6
Preliminary Service Proposal and Phase II Outreach
Summary
Due to low ridership on Line 60, a preliminary recommendation included a proposal to combine Lines 60 and 70 into a single route to more efficiently utilize existing resources and maintain coverage within the area, as shown in Figure 8. This approach attempted to combine two lower performing services into a new route that would serve more destinations and operate more efficiently.

An online survey and virtual public meeting were again used to solicit feedback on the preliminary service change proposals. This initial proposal for Line 60 received mixed feedback from the 138 respondents who participated in the survey, including 45% indicating support, 44% indicating opposition, and 11% remaining undecided (Figure 9).

Of the 138 survey respondents, four identified as Line 60 riders, accounting for 3% of respondents, roughly proportional with Line 60 ridership within the MBL system. Open- ended comments regarding this service change also included mixed feedback with comments both supporting and opposing this specific change to Line 60. All four respondents who identified as Line 60 riders were not supportive of this proposed service change.

Following the lack of support for the preliminary service change proposal, a revised recommendation was developed that included removing Line 60 from service due to low performance, low utilization, and lack of support during the public involvement process. This revised service change enables additional enhancements to higher performing services throughout the MBL system that received high levels of public support, including extensions to Cal State LA and the South Pasadena Gold Line Station, improvements that received 79% support from survey respondents. Other areas with proposed service reductions include shortening the proposed Line 55 to terminate at La Mirada Blvd and Imperial Highway, removing low performing service south of Imperial Highway.

Montebello Moves Line 60 Recommendations
Montebello Bus Lines
Nelson\Nygaard Consulting Associates | 7

Strongly Oppose
32%
Somewhat Oppose
12%
Undecided
11%
Somewhat Support
14%
Strongly Support
31%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Figure 9 Preliminary Service Change
Proposal Feedback – Montebello –
Pico Rivera Subarea
Figure 8 MBL Moves Preliminary Service
Change Proposal – Montebello –
Pico Rivera Subarea

Montebello Moves Line 60 Recommendations
Montebello Bus Lines
Nelson\Nygaard Consulting Associates | 8
Pico Rivera Public Meeting Summary
A virtual public meeting was held at 6:00 p.m. on Monday June 6, 2022 that was advertised specifically to the Pico Rivera community, El Rancho Unified School District, and City of Pico Rivera to discuss this revised service change proposal. The meeting was advertised through direct invitations to stakeholders in the community, social media posts, updates to the project website, and flyers posted on board vehicles and at bus stops in Pico Rivera.

Attendance varied throughout the course of the meeting with approximately 12-16 attendees present at any given time.

The virtual public meeting included a presentation from the project team detailing the project background and timeline, key findings from the existing conditions evaluation related to Line 60, updates to the proposed service change, and an open discussion between the project team and community meeting participants. The project team received comments from 11 different attendees, including:
 Six members of the community
 One board member from El Rancho Unified School District  Four representatives from the City of Pico Rivera
Common themes from these questions and discussions included:
 Concerns about access to El Rancho High School following state mandate for later start times in Fall 2023
 Questions on implementation timeline and potential for a Title VI Equity Analysis associated with the service change
 Concerns regarding a lack of alternative transportation options in the City of Pico Rivera
 Questions regarding alternative funding mechanisms to continue providing this service
Following the Pico Rivera Public Meeting, representatives from the City of Pico Rivera requested additional details regarding the decision-making process, Title VI requirements, community survey data, project timeline refinements, and detailed historical operating characteristics. This technical memorandum provides responses to several of these requests, however additional follow up and analysis may be required to directly respond to all supplemental requests made by the City of Pico Rivera.

Next Steps
Following the feedback received during the Pico River Public Meeting, additional analysis and outreach is being planned and conducted to directly respond to the supplemental requests made by the City of Pico Rivera. These may include additional data analysis, supplemental Montebello Moves Line 60 Recommendations
Montebello Bus Lines
Nelson\Nygaard Consulting Associates | 9
outreach to members of the community, discussions regarding alternative funding sources, and, where appropriate, revisions to implementation timelines to ensure adequate engagement with the community and sufficient notice prior to service changes are effective.

Title VI Equity Analysis
Additionally, initial conversations with compliance officers at the Federal Transit Administration Region 9 during service suspension in April 2020 indicated that removing Line 60 from service does not trigger the overall 20% service change threshold necessary to require a Title VI Equity Analysis as a part of this service change. However, the larger package of service changes included within the Montebello Moves comprehensive operational analysis may trigger the 20% service change threshold requiring a Title VI Equity Analysis.

This requirement will not be known until all service changes are finalized into a single comprehensive package than can be measured against Montebello Bus Lines current Title VI Program requirements.

Recommendations
Line 60 is among the lowest ridership routes in the MBL system, has been steadily declining for the past five years, losing 73% of its ridership since 2017, and is lagging behind other routes in rebounding ridership throughout the pandemic recovery.

As a result of the low demand for service observed on the Passons Blvd corridor it is recommended that Line 60 be discontinued from MBL service, allowing resources to be redistributed to improve service in areas with higher demand for service.

ATTACHMENT D

RESOLUTION NO. 22-60

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO,

CALIFORNIA, AUTHORIZING THE CITY OF MONTEBELLO TO
INITIATE THE PROCESS TO DISCONTINUE ROUTE 60

TRANSPORTATION SERVICES PROVIDED BY AND THROUGH
MONTEBELLO BUS LINES FOR THE WINTER/SPRING 2023 SHAKEUP

RECITALS

WHEREAS, on March 4, 2020, the State of California, the Los Angeles County Board of Supervisors, and the Los Angeles County Health Officer declared public health emergencies related to the global coronavirus (COVID-19) pandemic; and

WHEREAS, in response, the Montebello City Council declared a local emergency on March 12, 2020; and

WHEREAS, on March 16, 2020, the City of Montebello (“Montebello”) took action to protect the public health and our community included a reduction of fixed -route transportation services City provides through Montebello Bus Lines (“MBL”) to Montebello and the surrounding communities including the City of Pico Rivera (“Pico Rivera”), and consequently, service to Route 60 was temporarily halted based on health guidelines and operational efficiency; and

WHEREAS, in September 2021, with the easing of COVID -19 emergency protocols, Pico Rivera requested that Montebello consider restoring service to Route 60; and

WHEREAS, on October 13, 2021, Montebello and Pico Rivera entered a Memorandum of Understanding (No. 21 -11) (the “ MOU”) to restore Route 60 transportation services provided by Montebello and through Montebello Bus Lines; and

WHEREAS, in May 2021, Montebello contracted with Nelson\Nygaard Consulting Associates, Inc. ( the “Consultant”), to conduct a Comprehensive Operational Analysis (“Montebello Moves ”) for MBL for t he purpose of provid ing an in -depth evaluation of MBL’s existing transportation system, garner public and stakeholder feedback regarding service priorities, and identify short-term and long-term actions to improve the efficiency and effectiveness of the transportation system that better aligns service with community needs; and

WHEREAS, after months of extensive research, a cost-benefit analysis, ridership assessment, an online survey, and multiple virtual public meetings, the Consultant determined that Route 60 is significantly underperforming and recommended it be removed from service altogether; and
RESOLUTION NO. 22-60

Page 2 of 3 ends

WHEREAS, pursuant to the MOU, “ Term and Termination ”, either Party may terminate the MOU with or without cause upon thirty (30) days advanced written notice to the other Party; and

WHEREAS, the City will provide a ninety (90) days notification period to host a public hearing that will inform internal and external stakeholders of the intent to terminate Route 60.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:

AUTHORIZE THE CITY OF MONTEBELLO TO INITIATE THE PROCESS TO DISCONTINUE ROUTE 60 TRANSPORTATION SERVICES PROVIDED BY AND THROUGH MONTEBELLO BUS LINES (MBL); AND

SECTION 1: Further Approvals and Directions.

1. The City is hereby authorized to provide the City of Pico Rivera a thirty (30) days’ notice of termination pursuant to the MOU (Term and Termination”) provisions.

2. The City is hereby given the authority to initiate the process to discontinue Route 60 transportation services provided , and all that is necessary and reasonable in furtherance of that process, by and through MBL for the Winter/Spring 2023 shakeup, providing the City of Pico Rivera approximately five (5) months from Montebello’s thirty (30) days’ notice to prepare alternative transportation services to the affected area.

3. When convenient, the MBL Director is authorized provide a ninety (90) days notification period to schedule a public hearing that will inform internal and external stakeholders of the intent to terminate Route 60.

SECTION 2: That the City Clerk shall certify to the passage and adoption of this Resolution and that the same shall be in full force and effect.

APPROVED AND ADOPTED this 1st day of August 2022.

_______________________________
Kimberly A. Cobos-Cawthorne, Mayor

RESOLUTION NO. 22-60

Page 3 of 3 ends

ATTEST: APPROVED AS TO FORM:

________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )

I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 22 -60 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and a ttested by the City Clerk at a regular meeting of said Council held on the 1th day of August 2022 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

DATE:

Christopher Jimenez, City Clerk

ITEM #____

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Alicia Fernandez, Senior Deputy City Clerk
SUBJECT: Approve Amendment of Resolution No. 22-55 and Resolution No. 22- 57 to Add the Office of City Treasurer to the November 2022 Ballot DATE: August 1, 2022
RECOMMENDATIONS:

It is recommended that the City Council:
1) Approve amendment of Resolution No. 22-55 calling for the holding of a General Municipal Election to be held on Tuesday, November 8, 2022, for the election of certain officers as required by the provisions of the laws of the State of California relating to General Law Cities to add the office of City Treasurer to the November 2022 ballot;
and
2) Approve amendment of Resolution No. 22-57 requesting the Board of Supervisors of the County of Los Angeles to consolidate a General Municipal Election to be held on Tuesday, November 8, 2022 with other Los Angeles County and State of California elections to be held on the date pursuant to § 10403 of the Elections Code to add the office of City Treasurer to the November 2022 ballot.

FISCAL IMPACT
The actual cost of the November 8, 2022 General Municipal Election is uncertain.

Historically, budgets are prepared which provide for an estimated cost, since the actual cost is unknown until after the election is completed and an invoice is received from the County of Los Angeles. Over the last three fiscal years, the actual cost of elections has been: $291,492, $126,271 and $107,563 (Fiscal Years 2018-19, 2019-20, and 2020-21).

The Fiscal Year 2022-23 adopted budget includes $200,000 for the November 8, 2022 election. Based on prior year data, this appears to be a reasonable estimate of final costs. 7 CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF AUGUST 1, 2022 Approve Amendment of Resolution No. 22-55 and Resolution No. 22-57 to Add the Office of City Treasurer to the November 2022 Ballot

Page 2 of 2 ends

Due to the ongoing circumstances surrounding COVID -19, the Los Angeles County Registrar-Recorder/County Clerk’s (RR/CC) office is continuing mail ballot which increases the cost of the election (versus prior years). City Clerk Staff will work closely with the County Registrar-Recorder to properly account for all municipal election results.

BACKGROUND

The City Treasurer, Rafael Gutierrez, was elected as City Treasurer for a full four (4) year term on the November 2018 General Election; therefore, the office of the City Treasurer is up for election for the November 8, 2022 General Election.

Resolution No. 22-55 and Resolution No. 22-57 have been amended (Attachments A and B) to include the office of the City Treasurer on the ballot for the General Municipal Election to be held on Tuesday, November 8, 2022, along with all five (5) City Council District seats in the City of Montebello.

SUMMARY

Staff recommends that the City Council approve the amended Resolution No. 22-55 and Resolution 22-57 to add the office of City Treasurer to the ballot for the General Municipal Election to be held on Tuesday, November 8, 2022.

ATTACHMENTS:

A. Attachment A – Amended Resolution No. 22-55
B. Attachment B – Amended Resolution No. 22-57

ATTACHMENT A
AMENDED RESOLUTION NO. 22-55

AN AMENDED RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTEBELLO, CALIFORNIA, CALLING FOR THE HOLDING OF A

GENERAL MUNICIPAL ELECTION TO BE HELD ON TUE SDAY,
NOVEMBER 8, 2022, FOR THE ELECTION OF CERTAIN OFFICERS AS

REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF

CALIFORNIA RELATING TO GENERAL LAW CITIES

RECITALS

WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on Tuesday, November 8, 2022, for the election of Municipal Officers.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO ,

CALIFORNIA, HEREBY RESOLVE S, FIND S, AMENDS AND DECLARES AS FOLLOWS:

SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Montebello, California, on Tuesday, November 8, 2022, a General Municipal Election for the purpose of electing five (5) Members of the City Council, one (1) from each of the five (5) City Council districts and one City Treasurer for a four (4) year term. The term for City Treasurer will be four (4) years, set to expire November 2026. City Council seats for Districts 2 and 4 will be placed on the ballot for two (2) year terms, set to expire November 2024, and City Council seats for Districts 1, 3 and 5 will be placed on the ballot for four (4) year terms, set to expire in 2026.

SECTION 2. That the ballots to be used at the election shall be in form and content as required by law.

SECTION 3. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 4. That the polls for the election shall open at seven (7) o’clock a.m. of the day of the election and shall remain open continuously from that time until eight (8) o’clock p.m. of the same day when the polls shall be closed pursuant to Election Code §10242, except as provided in § 14212, 14401 of the Elections Code of the State of California.

SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

AMENDED RESOLUTION NO. 22-55

Page 2 of 2 ends

SECTION 7. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

SECTION 8. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.

AMENDED, APPROVED AND ADOPTED this 1st day of August 2022.

_______________________________
Kimberly A. Cobos-Cawthorne, Mayor

ATTEST: APPROVED AS TO FORM:

________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )

I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 22-55 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 1st day of August 2022 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

DATE:

Christopher Jimenez, City Clerk

ATTACHMENT B
AMENDED RESOLUTION NO. 22-57

AN AMENDED RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF MONTEBELLO, CALIFORNIA , REQUESTING THE BOARD OF

SUPERVISORS OF THE COUNTY OF LOS ANGELES TO

CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD
ON TUESDAY, NOVEMBER 8, 2022, WITH THE STATEWIDE

GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO
§ 10403 OF THE ELECTIONS CODE

RECITALS

WHEREAS, the City Council of the City of Montebello, California, called a General Municipal Election to be held on Tuesday, November 8, 2022, for the purpose of the election of five (5) Members of the City Council through a By -District process and the election of the City Treasurer through an at-large process.

WHEREAS, it is desirable that the General Municipal Election be consolidated with the State General Election to be held on the same date and that within the City the precincts, polling places and election officers of the elections be the same, and that County Elections Department of the County of Los Angeles canvass the returns of the General Municipal Election and that the Election be held in all respects as if there were only one Election.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO ,

CALIFORNIA, HEREBY RESOLVES, FIND S, AMENDS AND DECLARES AS FOLLOWS:

SECTION 1. That pursuant to the requirements of §10403 of the Elections Code, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 8, 2022, for the purpose of the election of five (5) Members of the City Council through a By-District election process and the City Treasurer by an At-large election process, as follows:

City Council
District 1: 4-year term.

District 2: 2-year term.

District 3: 4-year term.

District 4: 2-year term.

District 5: 4-year term.

City Treasurer: 4-year term

SECTION 2. That the County Elections Department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the Statewide Election.

AMENDED RESOLUTION NO. 22-57

Page 2 of 3 ends

SECTION 3. That the Board of Supervisors is requested to issue instructions to the County Elections Department to take any and all steps necessary for the holding of the consolidated election.

SECTION 4. That the City of Montebello, recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.

SECTION 5. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the C ounty Elections Department of the County of Los Angeles.

SECTION 6. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

AMENDED, APPROVED AND ADOPTED this 1st day of August 2022.

_______________________________
Kimberly A. Cobos-Cawthorne, Mayor

ATTEST: APPROVED AS TO FORM:

________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )

I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 22-57 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 1st day of August 2022 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

AMENDED RESOLUTION NO. 22-57

Page 3 of 3 ends

DATE:

Christopher Jimenez, City Clerk
ITEM #____

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: David Sosnowski, Director of Recreation and Community Services SUBJECT: Approve Resolution No.’s 22 -63 and 22-64 Authorizing Applications for the Los Angeles County Regional Park and Open Space District Measure A Competitive Grant Programs
DATE: August 1, 2022
RECOMMENDATIONS:

It is recommended that the City Council:
1) Approve Resolution No.’s 22 -63 and 22- 64 authorizing the submission of applications for Los Angeles County Regional Park and Open Space District (LARPOSD) Measure A Competitive Grant Recreation Access and Youth and Veteran Job Training and Placement Programs; and
2) Take such additional, related, action that may be desirable.

FISCAL IMPACT
The LARPOSD currently has two competitive grant programs available. Depending on the list and scope of the project, the City could potentially receive up to $1,200,000 for each project with no requirement of local matching funds. If grants are awarded, staff will return to City Council with a request to appropriate funds in the total grant amount awarded.

BACKGROUND
In November 2016, Measure A (The Safe, Clean Neighborhood Parks, Open Space Beaches, River Protection, and Water Conservation Measure) was approved by voters in Los Angeles County, and replaces the expiring Proposition A to ensure parks, open spaces, beaches, and waterways are built and protected for future generations. The 8 CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF AUGUST 1, 2022 Approve Resolution No.’s 22 -63 and 22 -64 Authorizing Applications for the Los Angeles County Regional Park and Open Space District Measure A Competitive Grant Programs

Page 2 of 2 ends

current round of competitive grants consists of $22 million in funding available for the two available programs. The application process requires a Resolution by the City Council authorizing the grant application.

There are currently two grant programs available. The Recreation Access program aims to increase Los Angeles County residents’ accessibility to public lands, park facilities, and park amenities. The Youth and Veteran Job Training and Placement program aims to provide education and career development or certification and job placement in the field of parks and recreation to youth and veterans.

Staff is proposing to utilize funding from the Recreation Access grant program to provide Montebello residents with recreational community trips to various locations in the region.

Additionally, staff is proposing to utilize funding from the Youth and Veteran Job Training and Placement program to expand the City’s current Youth Employment Program. The additional funding would allow for the City to increase the number of participants in the program.

SUMMARY

That the City Council aut horize the submission of application s for Los Angeles County Regional Park and Open Space District Measure A Competitive Grant Programs.

ATTACHMENTS:

A. Attachment A – Resolution No. 22-63 Recreation Access Program B. Attachment B – Resolution No. 22-64 Youth and Veteran Job Training and Placement Program

ATTACHMENT A
RESOLUTION NO. 22-63

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTEBELLO, CALIFORNIA, APPROVING THE FILING OF AN

APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES

COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT FOR

MONTEBELLO REC ON THE GO

RECITALS

WHEREAS, the voters of the County of Los Angeles on November 8, 2016, approved the Safe, Clean Neighborhood Parks, Open Space Beaches, Rivers Protection, and Water Conservation Measure (Measure A); and

WHEREAS, Measure A also designated the Los Angeles County Re gional Park and Open Space District (the “District”) to administer said funds; and WHEREAS, the District has set forth the necessary policies and procedures governing the application for grant funds under Measure A; and

WHEREAS, the District’s policies and procedures require the governing body of the City of Montebello to approve of the filing of an application before submission of said application to the District; and

WHEREAS, said application contains assurances that the City of Montebello must comply with; and
WHEREAS, the City of Montebello will enter into Agreement with the District to provide funds for acquisition projects, development projects, and/or programs.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:

SECTION 1. Approves the filing of an application with the Los Angeles County Regional Park and Open Space District for Measure A Funds for the above-named project or program; and
SECTION 2. Certifies that the City of Montebello understands the assurances and will comply with the assurances in the application form; and SECTION 3. Appoints the Director of Recreation and Community Services, or designee, to conduct all negotiations, and to execute and submit all documents including, but not limited to, applications, agreements, amendments, payment requests and so forth, which may be necessary for the completion of projects or programs.

RESOLUTION NO. 22-63

Page 2 of 2 ends

APPROVED AND ADOPTED this 1st day of August 2022.

_______________________________
Kimberly A. Cobos-Cawthorne, Mayor

ATTEST: APPROVED AS TO FORM:

________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )

I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 22-63 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 1st day of August 2022 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

DATE:

Christopher Jimenez, City Clerk

ATTACHMENT B
RESOLUTION NO. 22-64

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTEBELLO, CALIFORNIA, APPROVING THE FILING OF AN

APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES

COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT FOR THE

YOUTH EMPLOYMENT PROGRAM

RECITALS

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:

RESOLUTION NO. 22-64

Page 2 of 2 ends

APPROVED AND ADOPTED this 1st day of August 2022.

_______________________________
Kimberly A. Cobos-Cawthorne, Mayor

ATTEST: APPROVED AS TO FORM:

________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )

I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 22-64 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 1st day of August 2022 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

DATE:

Christopher Jimenez, City Clerk
ITEM #____

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: James Enriquez, P.E., Director of Public Works / City Engineer SUBJECT: Award of Construction Contract – HYRAP Streets Project Fiscal Year 2022-23 (CP No. 897)
DATE: August 1, 2022
RECOMMENDATIONS:

It is recommended that the City Council:
1) Award a construction contract for the HYRAP Streets Project (CP 897) in the amount of $2,440,259 to Manhole Adjusting, Inc.; and
2) Authorize the Director of Public Works to review and approve change orders within a 10% contingency of the contract amount as recommended by the City Engineer; and
3) Authorize the City Manager to execute the Contract Agreement, on behalf of the City; and
4) Amend the Fiscal Year 2022-23 budget by reallocating funds in Fund 222 (Measure M) by $600,000 (Account No. 222-99-7116) and in Fund 220 (Measure R) by $90,000 (Account No. 220-99-7116); and
5) Take such additional, related, action that may be desirable.

FISCAL IMPACT
The adopted Fiscal Y ear 2022-23 Capital Improvement Program (CIP) budget included $2,000,000 from Road Maintenance and Rehabilitation Act (SB1) Fund 201 for this project (CP No. 887). The total construction cost is estimated at $2,684,259, which includes $244,000 in contingency funds.
9 CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF AUGUST 1, 2022 Award of Construction Contract – HYRAP Streets Project Fiscal Year 2022 -23 (CP No. 897)

Page 2 of 3 ends

It is recommended that the City Council approve a budget adjustment to the FY 2022-23 CIP Budget reallocating funds in the following amounts from two different CIP projects to this project: 1) $600,000 in Measure M funds (Fund 222) reallocated from the Lincoln Ave Traffic Calming Project (CP 903); and 2) $90,000 in Measure R funds (Fund 220) reallocated from the Slurry Seal Project FY 22022-23 (CP 904).

This reallocation of appropriated funds does not change the total amount of appropriations in the FY 2022-23 adopted budget. The recommended action moves existing funding from two CIP projects (C.P. Nos. 904 and 904) to this project (C.P. No. 897).

BACKGROUND

This Project includes resurfacing of 16 residential streets as shown in the Project Location Map (Attachment C). The work will consist of pavement micro -grinding and other preparatory work followed by pavement resurfacing with a two -layered system. The bottom pavement layer is an Asphalt -Rubber Aggregate Membrane (ARAM) and is topped with the final layer of HYRAP asphalt pavement.

The Paving the Way Program utilized this pavement system in a pilot program in FY 2020-

21. The pavement on the streets included in the Paving the Way Program has performed well and the system has proven a cost -effective alternative to a complete street reconstruction for streets that are not good candidates for a traditional grind-and-overlay resurfacing or slurry seal and would otherwise require much more expensive total reconstruction. This project was presented to the Street Ad Hoc Committee on March 7, 2022.

On May 25, 2022, the City Council approved the plans and specifications and authorized the Public Works Department to advertise the project for public bidding.

The Notice Inviting Bids was published on June 8, 2022, in the local newspaper and the Green Sheet. The notice, plans and specifications were also posted on Planet Bids thru the City of Montebello’s Website.

On June 20, 2022 at 11:00 AM, one (1) bid was received and opened publicly, as follows:

Manhole Adjusting Inc. $2,440,259

The bid was analyzed and Manhole Adjusting Inc., was determined to be the lowest responsive and responsible bidder. The average cos t per square foot of pavement included in the bid is consistent with the final cost of the pilot project. Award of a construction contract to Manhole Adjusting Inc., in the amount of $2,440,259 is recommended.

CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF AUGUST 1, 2022 Award of Construction Contract – HYRAP Streets Project Fiscal Year 2022 -23 (CP No. 897)

Page 3 of 3 ends

ANALYSIS

A Summary of the projected cost is as follows:

$ 2,440,259 Construction Low Bid
$ 244,000 Contingency (10%)
$ 2,684,259 Total

ENVIRONMENTAL

On May 25, 2022, the City Council found the project categorically exempt pursuant to the State Guidelines for Implementation of the California Environmental Quality Act (CEQA) and approved the filling of the Notice of Exemption.

SUMMARY

Upon approval of the recommended actions, staff will execute the contract agreement with Manhole Adjusting Inc. and coordinate the completion of the Project. In addition, the City Council will approve a budget adjustment, reallocating funds in the FY 2022-23 CIP program as follows: 1) $600,000 in the Measure M Fund (Account No. 222-99-7116, C.P.

No. 903) and 2) $90,000 the Measure R Fund (Account No. 220-99-7116, C.P. No. 904).

ATTACHMENTS:

A. Attachment A – Bid Summary
B. Attachment B – Construction Contract Agreement
C. Attachment C – Project Location Map

ITEM BID ITEM QTY. UNITS BID TOTAL
No. PRICE AMT.
1 BLUFF ROAD FROM WASHINGTON BOULEVARD TO DATE STREET 1 LS 238,997$ 238,997$ 2 DATE STREET FROM BLUFF ROAD TO MONTEBELLO BOULEVARD 1 LS 167,744$ 167,744$ 3 HUGHES AVENUE FROM BLUFF ROAD TO MONTEBELLO BLVD 1 LS 214,755$ 214,755$ 4 HUGHES AVENUE FROM MONTEBELLO BOULEVARD TO END 1 LS 121,094$ 121,094$ 5 JACMAR DRIVE FROM THIRD STREET TO MONTEBELLO BOULEVARD 1 LS 196,016$ 196,016$ 6 MINES STREET FROM BLUFF ROAD TO MONTEBELLO BOULEVARD 1 LS 251,643$ 251,643$ 7 MONTBELLO BOULEVARD FROM WALNUT AVENUE TO MINES STREET 1 LS 114,935$ 114,935$ 8 MONTBELLO BOULEVARD FROM DATE STREET TO WASHINGTON BOULEVARD 1 LS 231,168$ 231,168$ 9 S TENTH STREET FROM HUGHES STREET TO END 1 LS 48,891$ 48,891$ 10 S TENTH STREET FROM BEACH STREET TO END 1 LS 79,685$ 79,685$ 11 S FIFTH STREET FROM MINES AVENUE TO WALNUT AVENUE 1 LS 88,328$ 88,328$ 12 S SIXTH STREET FROM JACMAR DRIVE TO BEACH STREET 1 LS 111,915$ 111,915$ 13 S SIXTH STREET FROM ROOSEVELT AVENUE TO MINES STREET 1 LS 173,772$ 173,772$ 14 SAN MARINO AVENUE FROM MONTEBELLO BOULEVARD TO GREENWOOD AVENUE 1 LS 157,130$ 157,130$ 15 S SPRUCE STREET FROM BEACH STREET TO HUGHES STREET 1 LS 103,993$ 103,993$ 16 WALNUT AVENUE FROM MONTEBELLO BOULEVARD TO END 1 LS 140,193$ 140,193$ 2,440,259$ TOTAL BASE BID
Bidder No. 1
Manhole Adjusting Inc.

June 20, 2022

BID SUMMARY
HYRAP Streets Project
FY 2022-2023
CP 897
City of MontebelloDepartment of Public Works1600 W. Beverly BoulevardMontebello, CA 90640(323) 887-4555

ATTACHMENT B

AGREEMENT NO. 4008

CITY OF MONTEBELLO

STANDARD PUBLIC WORKS AGREEMENT

THIS STANDARD PUBLIC WORKS AGREEMENT (“AGREEMENT”) is made and entered into on August 1 , 2022 (“Effective Date”) by and between the CITY OF MONTEBELLO, a California m unicipal corpora tion (the “CITY”) and MANHOLE ADJUSTING, INC ., a California corporation (“CONTRACTOR”). The CITY and CONTRACTOR are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”

RECITALS

WHEREAS, the CITY desires to retain a qua lified professional contractor to provide work consisting of the HYRAP Streets Project Fiscal Year 2022 -23 to the CITY (C.P. #897) (“PROJECT”); and

WHEREAS, on August 1, 2022, the City Council accepted the bid of CONTRACTOR as the lowest responsible, re sponsive bid received and directed that a written contract be entered into with CONTRACTOR for the PROJECT; and

WHEREAS, CONTRACTOR represents that it is fully qualified to perform such services by virtue of its experience and the training, education an d expertise of its principals and employees.

NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements herein contained, the parties do hereby agree as follows:

SECTION 1. INCORPORATION OF RECITALS AND CONTRACT DOCUMENTS

a. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, the CONTRACT DOCUMENTS for the PROJECT shall consist of the Notice Inviting Sealed Bids, the Instructions to Bidders, Bidders Proposal, Add endums, CONTRACTOR’s Bid for the PROJECT , Scope of Work, g eneral specifications and all referenced specifications, details, standard drawings, and appendices, together with this Agreement and all required bonds, and insurance certificates. All of the “Agreement Documents” are intended to complement the other documents so that any work called for in one, and not mentioned in the others, or vice versa, is to be executed the same as if mentioned in all of said documents. The CONTRACT DOCUMENTS are in corporated herein by this reference and made part hereof as though they were fully set forth herein.

b. In case any of the CONTRACT DOCUMENTS conflict with each other, the order of preference for the CONTRACT DOCUMENTS is:

1. This AGREEMENT and its Exhibits and or Attachments, including any and all addenda or supplemental agreements.

STANDARD PUBLIC WORKS AGREEMENT NO. 4008

Page 2 of 14 ends

2. CONTRACTOR’S June 20, 2022 electronic bid

3. Standard drawings

4. Details

5. Special provisions, if any

7. General specifications and all referenced specifications

SECTION 2. THE WORK

For and in consideration of the payments and agreements to be made and performed by the CITY, CONTRACTOR agrees to furnish all materials and perform all work required for the PROJECT and to fulfill all other obligations as set forth in the CONTRACT DOCUMENTS.

SECTION 3. TERM; AND TIME FOR COMPLETION

a. The work shall commence upon issuance of a written “Notice to Proceed” (as further defined below) by the CITY . Work for the PROJECT shall be completed within thirty-five (35) working days from the issuance of the Notice to Proceed. This Agreement shall expire six (6 ) months from the Effective Date, unless terminated earlier as hereinafter provided.

This Agreement may be extended for a maximum additional six (6) months upon such terms and conditions mutually agreed upon by the Parties in writing.

b. Notice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed issued by the CITY’s applicable, department head.

SECTION 4. COMPENSATION

CONTRACTOR hereby agrees to receive and accept the total amount of Two Million Four Hundred Forty Thousand Two Hundred Fifty -nine Dollars ($2,440,259), which is based on performing all of the work shown on Bidders Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to i ts acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the CONTRACT DOCUMENTS, and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. CITY shall herein retain five percent (5%) of said price until said time as the provisions of SEC. 18 herein have been met.

4.1. Progress Payments

Progress Payments shall be made in accordance with section the General Provisions and the provisions of this Section 4.1. Upon receipt of a properly presented payment request, the CITY shall proce ss the payment request in accordance with Public Contract Code Section 20104.5 0. The CITY shall review the payment request as soon as possible.

STANDARD PUBLIC WORKS AGREEMENT NO. 4008

Page 3 of 14 ends

If the CITY rejects the payment request, it shall be returned to the CONTRACTOR within seven (7) days of its receipt by the CITY with an explanation for the reasons of its rejection.

If the payment request is approved in writing by the CITY, payment shall be made in thirty (30) days of receipt of an undisputed and properly presented payment request. Late payments shall bear interest at the legal rate of interest in accordance with Code of Civil Procedure 685.010. The CITY shall pay CONTRACTOR a sum based upon ninety five percent (95%) of the Agreement price apportionment of the labor and materials incorporated into the work under the Agreement during the period covered by said statement. The remaining five percent (5 %) thereof shall be retained as performance security. Refer to Section 4.2 of this Agreement for retention of funds.

4.2. Retention of Funds

Progress payments shall be made in accordance with the provisions of Section 4.1 of this Agreement. In accordance with said section, the CITY shall pay CONTRACTOR a sum based upon ninety five percent (95%) of the Agreement price in proportion to the labor and materials incorporated into the work under the Agreement during the month covered by said statement. The remaining five percent (5 %) thereof shall be retained as performance security to be paid to the CONTRACTOR within sixty (60) days after final accept ance of the work by the City Council of the CITY (“City Council”) , after CONTRACTOR shall have furnished the CITY with a release of all undisputed Agreement amounts, if required by the CITY. In the event there are any claims specifically excluded by CONTRACTOR from the operation of the release, the CITY may retain proceeds (per Public Contract Code 7107) of up to 150% of the amount in dispute. CITY’s failure to deduct or withhold shall not affect CONTRACTOR’s obligations hereunder.

4.3. Substitution of Securities

Pursuant to Public Contract Code Sec. 22300 , CONTRACTOR shall be allowed to substitute securities for any moneys withheld by the CITY to ensure performance under a n Agreement, unless, federal regulations or policies, or both, do not allow the s ubstitution of securities. At the request and expense of CONTRACTOR, securities equivalent to the amount withheld shall be deposited with the CITY, or with a state or federally chartered bank in this state as the escrow agent, who shall then pay those moneys to CONTRACTOR.

Upon satisfactory completion of the Agreement, the securities shall be returned to CONTRACTOR.

SECTION 5. UNDOCUMENTED WORKERS

CONTRACTOR hereby promises and agrees to comply with all of the provisions of Federal and/or State law as th e same shall apply to this PROJECT pertaining to the employment of unauthorized aliens as defined therein. Should CONTRACTOR so employ unauthorized aliens for the performance of work and/or services covered by this Agreement, and should the Federal Govern ment impose sanctions against the CITY for use of unauthorized aliens, CONTRACTOR hereby agrees to, and shall, hold harmless, indemnify and defend CITY for the cost of all such sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by the CITY in connection therewith.

STANDARD PUBLIC WORKS AGREEMENT NO. 4008

Page 4 of 14 ends

SECTION 6. NOTICE TO PROCEED

CONTRACTOR shall commence work on the date specified in the Notice to Proceed to be issued in writing to CONTRACTOR by the CITY and shall complete work on the PROJECT within 35 Working Days from the commencement thereof.

SECTION 7. DISCOVERY OF HAZARDOUS OR LATENT CONDITIONS

a. CONTRACTOR shall, without disturbing the condition, notify the CITY in writing as soon as CONTRACTOR, or any SUB-CONTRACTOR, agent or employe es have knowledge and reporting is possible, of the discovery of any of the following conditions:

1. The presence of any material that the CONTRACTOR believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code;

2. Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or,

3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.

b. Pending a determination by the CITY of appropriate action to be taken, CONTRACTOR shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person.

c. The CITY shall promptly investigate the reported conditions. If the CITY, through the City Engineer or his/her designee, and in the exercise of its sole discretion, determines that the conditions do materially differ, or do involve hazardous waste, and will cause a decrease or increase in CONTRACTOR’s cost of or time required for performance of any part of the work, then the CITY shall issue a change order. d. In the event of a dispute between the CITY and CONTRACTOR as to w hether the conditions materially differ or involve hazardous waste or cause a decrease or increase in CONTRACTOR’s cost of, or time required for performance of any part of the work, CONTRACTOR shall not be excused from any schedule completion date, and sha ll proceed with all work to be performed under the Agreement. CONTRACTOR shall retain any and all rights which pertain to the resolution of disputes and protests between the parties.

SECTION 8. MISCELLANEOUS STATUTORY REQUIREMENTS

8.1. CONTRACTOR License.

CONTRACTOR shall possess a california CONTRACTOR’s license type Class A for the performance of the Project.

8.2. Ineligible CONTRACTOR Prohibited.

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Any CONTRACTOR or SUB-CONTRACTOR who is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code is prohibited from performing work under this Agreement.

8.3. Compliance with SB 854 Registration.

This P ROJECT is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No prime CONTRACTOR or SUBCONTRACTOR may be awarded a n Agreement for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. CONTRACTOR will be required to post job site notices as described in 8 California Code of Regulation section 16451(d).

8.4. Trench and Pipeline Safety.

If this Agreement is for more than $25,000 and involves excavation of any trench five feet or more in depth, CONTRACTOR shall submit a detailed plan of shoring, bracing, sloping or other provisions to be made for worker protection in accordance with Labor Code Section 6705. Such plan shall be approved by a qualified representative of the CITY.

8.5. Utility Relocation.

The CITY is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. The CITY shall reimburse CONTRACTOR for any costs incurred in locating, repairing damage not caused by CONTRACTOR and removing or relocating such unidentified utility facilities, including equipment idled during such work. CONTRACTOR shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.

8.6. Third Party Claims Notification.

The CITY shall timely notify CONTRACTOR in writing of any third party claims relating to the Agreement.

8.7. Unfair Business Practices Claims.

The CONTRACTOR or SUB-CONTRACTOR offers and agrees to assign to the CITY all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works Agreement or the sub-Agreement. This assignment shall be made and become effective at the t ime the CITY renders final payment to CONTRACTOR without further acknowledgment by the parties. (Section 7103.5, California Public Contract Code.).

8.8. Day’s Work.

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CONTRACTOR acknowledges that under California Labor Code sections 1810 and following, eight (8) hours of labor constitutes a legal day’s work. CONTRACTOR will forfeit as a penalty to CITY the sum of $25.00 for each worker employed in the execution of this Agreement by CONTRACTOR or any SUB-CONTRACTOR for each calendar day during which such w orker is required or permitted to work more than eight (8) hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. (Labor Code § 1813).

8.9. Payroll Records.

CONTRACTOR shall maintain the certified payroll records required by Labor Codes Sec. 1776 and shall report such records directly to the California Labor Commissioner as required by Labor Code Sec. 1771.4. CONTRACTOR shall inform the CITY of the location of the records enumerate d under Labor Code Sec. 1776, including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address.

8.10. Employment of Apprentices.

Nothing in this Agreement prevents CONTRACTOR or an y SUB-CONTRACTOR from employing properly registered apprentices in the execution of the Agreement.

CONTRACTOR is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that CONTRACTORs and SUBCONTRACTORs must submit Agreement award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice’s work for every five hours of labor performed by a journeyman (unless an exception is granted under §1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that CONTRACTORs and SUB-CONTRACTORs must not discriminate among otherwi se qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code section 3077, who are in training under apprenticeship standards and who have written appr entice Agreements, may be employed on public works in apprenticeable occupations.

8.11. Records Audit

In accordance with Government Code, Section 8546.7, records of both the CITY and CONTRACTOR shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.

SECTION 9. PREVAILING WAGES

a. CONTRACTOR shall pay prevailing Wage rates for this Project in accordance with the “General Wage Determination Made by the Director of Industrial Relations (“DIR”) Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1", for Los Angeles County. Wage rates shall conform with those posted at the DIR website and the Project site.

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b. The following Labor Code sections are hereby referenced and made a part of this Agreement:

1. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.

2. Section 1777.4 - Apprenticeship Requirements.

3. Section 1777.5 - Apprenticeship Requirements.

4. Section 1813 - Penalty for Failure to Pay Overtime.

5. Sections 1810 and 1811 - Working Hour Restrictions.

6. Section 1775 - Payroll Records.

7. Section 1773.8 - Travel and Subsistence Pay.

SECTION 10. INDEMNITY, DEFENSE AND HOLD HARMLESS

a. CONTRACTOR shall indemnify, defend with legal counsel approved by the CITY, and hold harmless the CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agree ment, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the CITY. Should conflict of interest principles preclude a single legal counsel from representing both the CITY and CONTRACTOR, or should the CITY otherwise find CONTRACTOR’s legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. CONTRACTOR shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of CONTRACTOR’s negligent, reckless or wrongful performance. It is exp ressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

b. CONTRACTOR obligations under this section apply regardless of whether such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of the CITY under any provision of this agreement, CONTRACTOR shall not be required to indemnify and hold harmless the CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parti es or by the findings of a court of competent jurisdiction. In instances where the CITY is shown to have been actively negligent and where the CITY’S active negligence accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of the CITY.

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SECTION 11. BONDS

a. CONTRACTOR, before commencing said PROJECT, shall furnish and file with the CITY, a Performance Bond, or bonds in the sum of one hundred percent (100%) of the Agreement price thereof conditioned upon the faithful performance of this Agreement in the form attached hereto as Exhibit “B.”.

b. CONTRACTOR, before commencing said PROJECT, shall furnish and file with CITY, a Payment Bond in the sum of 100% of the Agreement price, conditioned upon the payment of all labor and materials furnished in connection with this Agreement in the form attached hereto as Exhibit “C.”

c. CONTRACTOR, before commencing said PROJECT, shall furnish and file with CITY, a Warranty Bond in the amount of 50% of the Agreement price, conditioned upon the guaranty and warranty of the work and labor and materials in connection with the work performed on the Project pursuant to this Agreement in the form attached hereto as Exhibit “D.”

SECTION 12. INSURANCE REQUIREMENTS

a. Prior to commencing work hereunder, CONRACTOR shall provide the CITY with proof of insurance naming the CITY and each of its directors, officers, agents, and employees as additional-named insureds on a policy or policies of insurance providing and maintaining the coverages set forth in the Insurance Schedule attached hereto as Exhibit A. The CITY shall have the right to hold the policies and policy renewals, and CONTRACTOR shall promptly furnish to CITY all renewal notices and all receipts of paid premiums. CITY may make proof of loss if not made promptly by CONTRACTOR.

b. Evidence of Insurance prior to commencement. CONTRACTOR shall provide to the CITY Certificate(s) of Insurance ev idencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:

City of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]

SECTION 13. LIQUIDATED DAMAGES

In addition, pursuant to the authority of California Public Contract Code Section 7102, the CITY and CONTRACTOR agree that the determination of actual damages for any unreasonable delay in performance of this Agreement caused by CITY would be extremely STANDARD PUBLIC WORKS AGREEMENT NO. 4008

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difficult or impractical to determine in the event of a breach of this Agreement by the CITY.

Therefore, if the CITY is determined to be liable for such unreasonable delays, the CITY and its sureties shall be liable to the CONTRACTOR for the sum of five hundred dollars $500.00 as liquidated damages for each working day of delay in the performance of any service required hereunder.

SECTION 14. DISPUTE RESOLUTION

14.1. Claims of $375,000 or Less

a. A claim by the CONTRACTOR for a time extension, for money damages for work, or a payment disputed by the CITY must be submitted to a resolution process in accordance with Public Contract Code Sections 20104-20104.4. A summary of Sections 20104-20104.4 are as follows:

(1) Informal negotiation between the CITY and CONTRACTOR. (2) Mediation with CONTRACTOR.
(3) Court mandated Arbitration.
(4) Court trial. If the party requesting the court trial does not prevail, then that party must pay all court costs and attorney's fees.

14.2 Public Contract Code 9204 Claims

CONTRACTOR shall comply with the procedure set forth in Public Contract Code section 9204 for any claim, as that term is defined therein, for one or more of the fol lowing:
1) a time extension, including, without limitation, for relief from damages or penalties for delay, 2) payment of money or damages arising from work done pursuant to this Agreement, and/or 3) payment of an amount disputed by the CITY under this Agreement. A summary of the provisions of Public Contract Code Section 9204 is as follows:

1. CONTRACTOR must send a claim to the CITY for a time extension, payment for work not in the Agreement, or payments disputed by the CITY by registered mail or certified mail with return receipt requested.

2. The CITY must respond within 45 days as to which claims are disputed and undisputed.

3. If claim remains in dispute, CONTRACTOR may request informal meet and confer meeting with the CITY.

4. After meet and con fer, a disputed claim remaining shall be submitted to non - binding mediation.

5. All undisputed claims shall be paid within 60 days.

SECTION 15. TERMINATION.

15.1. Termination for Convenience.

The CITY may terminate this Agreement, in whole or in par t, with thirty (30) days’ written notice to CONTRACTOR when it is in the CITY’s best interest. CONTRACTOR shall STANDARD PUBLIC WORKS AGREEMENT NO. 4008

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be paid its costs, including Agreement close-out costs, and profit on work performed up to the time of termination. CONTRACTOR shall promptly submit its termination claim to the CITY to be paid the CONTRACTOR. If CONTRACTOR has any property in its possession belonging to the CITY, CONTRACTOR will account for the same, and dispose of it in the manner the CITY directs. CONTRACTOR may terminate th is Agreement, in whole, with ninety (90) days’ written notice to the CITY.

15.2 Termination for Default.

If at any time CONTRACTOR is determined to be in material breach of the Agreement, a Notice of Potential Breach of Agreement shall be prepared by th e CITY, and will be served upon CONTRACTOR and its sureties. If CONTRACTOR continues to neglect or refuses to comply with the Agreement or with the Notice of Potential Breach of Agreement to the satisfaction of the CITY within the time specified in such No tice, the CITY shall have the authority to terminate the Agreement for this Project.

15.3 Waiver of Remedies for any Breach.

In the event that the CITY elects to waive its remedies for any breach by CONTRACTOR of any covenant, term or condition of this Agreement, such waiver by the CITY shall not limit the CITY’s remedies for any succeeding breach of that or of any other term, covenant, or condition of the Agreement.

SECTION 16. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF

PROJECT

In the event CONTRACTOR fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this Agreement in a diligent and workmanlike manner, and if CONTRACTOR for a period of three (3) ca lendar days after receipt of written demand from the CITY or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, and to prosecute its work and all parts thereof in a diligent and workman like manner, or after commencing to do so within said three (3) calendar days, fails to continue to do so; then the CITY may exclude CONTRACTOR from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or th e portion taken over by the CITY to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by the CITY, shall be a charge against CONTRACTOR, and may be deducte d from any money due or becoming due to CONTRACTOR from the CITY, or CONTRACTOR shall pay the CITY the amount of said charge, or the portion thereof unsatisfied. The sureties provided for under this Agreement shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by the CITY.

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SECTION 17. COMPLIANCE WITH APPLICABLE LAWS

CONTRACTOR hereby promises and agrees to comply with all provisions of all applicable state and federal laws in connection with the performance of i ts obligations under this Agreement.

SECTION 18. NOTICE OF COMPLETION

Upon completion of the PROJECT and acceptance of same by the City Council, the CITY shall have cause to be recorded a Notice of Completion with the office of the Los Angeles County Recorder; and, after thirty -five (35) days from the date said Notice of Completion is recorded, the Director of Finance of CITY shall release the funds retained pursuant to SEC. 4 hereof; provided there have been no mechanics’ liens or stop notices filed against said work which have not been paid, withdrawn or eliminated as liens against said work.

SECTION 19. AUTHORITY

Any person executing this Agreement on behalf of CONTRACTOR warrants and represents that he or she has the authority to execute this Agreement on behalf of CONTRACTOR and has the authority to bind CONTRACTOR to the performance of its obligations hereunder.

SECTION 20. ENTIRE AGREEMENT

This Agreement, including the Agreement Documents and any other documents incorporated herein by spec ific reference, represents the entire and integrated Agreement between the CITY and the CONTRACTOR. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any pr ovision or breach waived, except in a writing signed by both parties that expressly refers to this Agreement.

SECTION 21. ATTORNEY’S FEES AND COSTS

If either party to this Agreement is required to initiate or defend or made a party to any action or proc eeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation.

All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

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SECTION 22. INDEPENDENT CONTRACTOR

CONTRACTOR is and shall at a ll times remain as to the CITY, a wholly independent CONTRACTOR. Neither the CITY, nor any of its officers, employees or agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR’S officers, employees or agents, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the CITY, nor shall the CITY officers, employees or agents be deemed the officers, employees, or agents of CONTRACTOR as a result of this Agreement.

SECTION 23. NOTICE

All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered via e -mail (an “Electronic Notice” as further defined below), personally or on the second (2nd) business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests , or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:

To the CITY: City of Montebello
Attn: René Bobadilla, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]

With copy to: City of Montebello – Department of Public Works Attn: James Enriquez, P.E., Director/City Engineer
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1462
Email: [email protected]

To CONTRACTOR: Manhole Adjusting, Inc
Attn: John Corcoran, President
9500 Beverly Road
Pico Rivera, CA 90660
(323) 558-800

An electronic communication (“ Electronic Notice ”) shall be deemed written notice for purposes of this section if sent to the electr onic mail address specified above. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.

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SECTION 24. PROHIBITION AGAINST ASSIGNMENT

The experience, knowledge, capability and reputation of CONTRACTOR, its principals and employees were a substantial inducement for the CITY to enter in to this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the CITY. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of CONTRACTOR, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release CONTRACTOR or any surety of CONTRACTOR of any liability hereunder without the express consent of the CITY.

SECTION 25. CUMULATIVE REMEDIES

The provisions of this Agreement are cumulative and in addition to and not in limitation of any rights or remedies available to the CITY.

SECTION 26. COUNTERPARTS

This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.

[SIGNATURE PAGE TO FOLLOW]

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IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on the date next to their respective officers duly authorized signatures in that behalf.

CITY OF MONTEBELLO
(“CITY”)

By: ___________________________________
René Bobadilla, City Manager

Date: _______

ATTEST:

_____________________________________
Christopher Jimenez, City Clerk

APPROVED AS TO FORM

_______________________________________
Arnold M. Alvarez-Glasman, City Attorney

MANHOLE ADJUSTING, INC
(“CONTRACTOR”)

By:
________________________________

Date: _______

EXHIBITS:
 Exhibit A – Insurance Requirements
 Exhibit B – Performance Bond
 Exhibit C – Labor and Materials Payment Bond
 Exhibit D – Warranty Bond

ATTACHMENT B

EXHIBIT “A”

INSURANCE REQUIREMENTS

On or before beginning any of the work called for by any term of this Agreement, CONTRACTOR, at its own cost and expense, shall carry, maintain for the duration of this Agreement, and provide proof thereof that is acceptable to the CITY of its procurement of the insurance specified below from insurers and under forms of insurance satisfactory in all respects to the CITY. Such insurance shall not be in derogation of CONTRACTOR’s obligations to provide indemnity under this Agreement.

1. Comprehensive General Liability and Automobile Liability Insurance Coverage.

CONTRACTOR shall carry and ma intain Comprehensive General Liability and Automobile Liability Insurance which provides the following:

Minimum coverage: Bodily injury limits of $ 2,000,000 for each person and $ 2,000,000 for each occurrence; property damage limits of $ 2,000,000 for eac h occurrence, $5,000,000 aggregate.

Products/Completed Operations Hazard Insurance in an amount of not less than FIVE MILLION DOLLARS ($5,000,000);

A combined single limit policy with aggregate limits in an amount of not less than Five MILLION DOLLARS ($ 5,000,000) shall be considered equivalent to the said required minimum limits set forth herein above.

If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply sep arately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and perso nal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non -owned real property and automobiles. Insurance coverage shall not be subject to any typ e of pollution exclusion or owned property exclusions.

2. Automobile Liability.

CONTRACTOR shall carry and maintain Automobile Liability Insurance which provides a minimum coverage of at least $5,000,000 per accident for bodily injury and property damage.

3. Worker's Compensation.

CONTRACTOR shall carry and maintain worker’s compensation in the amount of $1,000,000 as required by the California Labor Code for all persons employed directly or indirectly in connection with this Agreement by CONTRACTOR. To the extent that

CONTRACTOR utilizes any SUB-CONTRACTOR for the performance of any part of the work under this Agreement, CONTRACTOR shall require and assure that such SUB- CONTRACTOR also carry and maintain worker’s compensation as required by the California Labor Code for all persons directly or indirectly in connection with this Agreement.

4. Additional Insureds.

The CITY, its officers, agents and employees must be named as additional insureds or as additional loss payees in all insurance policie s required by this Agreement. An endorsement to this effect shall be delivered to the CITY prior to the commencement of any work. Satisfaction of any deductible requirement shall be the responsibility of CONTRACTOR. Such insurance shall be primary and n oncontributory with any other insurance maintained by the CITY.

5. Notice of Cancellation.

CONTRACTOR agrees to oblige its insurance agent or broker and insures to provide CITY with a thirty (30) day notice of cancellation (except for nonpayment for wh ich a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

6. Severability Clause.

Each of the policies of insurance shall contain a clause substantially as follows:

The insurance afforded by this policy applies sepa rately to each insured against whom a claim or suit is made or suit is brought, except with respect to the limit of the insurer's liability.

7. Qualifications of Insurer.

All policies of insurance shall be issued by an insurance company acceptable to the CITY and authorized to issue said policy in the State of California.

8. Approval of Insurer.

The insurance carrier providing the insurance shall be chosen by CONTRACTOR subject to approval by the CITY, provided that such approval shall not be unreasonab ly withheld.

9. Payment of Premiums.

All premiums on insurance policies shall be paid by CONTRACTOR making payment, when due, directly to the insurance carrier, or in a manner agreed to by the CITY.

10. Evidence of Insurance and Claims.

CONTRACTOR shall provide certificates of insurance to the CITY as evidence of

insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. The CITY’s Risk Manager must approve insurance certificates and endorsements prior to commencement of performance. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement. The CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.

(Use of City Bond Form is Required)

EXHIBIT “B”

PERFORMANCE BOND

PUBLIC WORK
(CALIFORNIA)

KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, the Principal and the City of Montebello (“ Obligee”) have entered into a written Agreement, hereinafter called the Agreement, a copy of which is or may be attached hereto, dated the ______ day of ____________________, ______ referred to and made a part hereof for __________________________________________________________________________ and all appurtenant work in accordance with Project No. , which agreement requires the Principal to provide Obligee with this bond.

NOW THEREFORE, we, _______________________________________, as Principal, and ___________________________________________, a corpora tion organized under the laws of _________________________, and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of _____________________________, as Obligee, in the sum of _________________________________________________________________ Dollars ($_______________________), lawful money of the United States of America, for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

The address at which the Surety may be served with notices, papers and other documents is:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

The address at which the Principal may be served with notices, papers and other documents is:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

The condition of the foregoing obligation is such that if the Principal, hi s or its heirs, executors, administrators, successors or assigns, and each of his or its SUB-CONTRACTORs shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of said Agreement, and during the life of any guaranty required under the Agreement, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of any and all duly authorized modifications of said Agreement that may hereafter be made, then this obligation shall be void; otherwise it shall be and remain in full force and effect.

As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, inclu ding reasonable attorney's fees, incurred by the obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the

specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterat ion or addition to the terms of the agreement or to the work or to the specifications.

This document is signed by the respective parties on the dates next to their names.

Principal

By: __________________________________

Title: ________________________________

Surety

By: __________________________________

Title: ________________________________

Date: ________________________________

I declare under penalty of perjury under the laws of the State of California that the contents of the above Faithful Performance Bond are true and correct, and that I have been duly authorized to sign this Faithful Performance Bond on behalf of Surety. This Declaration is signed on , in the City of , State of California.

--OR--

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document

State of California )
)
County of ___________________________ )

On ______________ before me, ____________________________________(here insert name and title of the officer), personally appeared
___________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature __________________________________ (Seal)

-- AND –

(Proof of signature authorization or power of attorney must be attached)

APPROVED AS TO FORM:

_________________________
City Attorney

(Use of City Bond Form is Required)

EXHIBIT “C”
Labor and Materials Payment Bond

PUBLIC WORK (CALIFORNIA)

KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, ________________________________________, as Principal, has entered into a n Agreement dated ___________________, _____, (the " Agreement") with the City of _____________________________ (Obligee) referred to and made a part hereof to perform the following work of public improvement, to wit:
________________________________________________________________________________ ________________________________________________________________________________ ____________________________________________________________________and all appurtenant work in accordance with the plans and specifications for Projec t No._______, which requires Principal to file this bond to secure claims made under Civil Code Sections 9550-9554..

NOW THEREFORE, we, ____________________________________, as Principal, and ___________________________________________, a corporation organized under the laws of ______________________ and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of _____________________________, as Obligee, and all SUB-CONTRACTORs, laborers, material persons and other persons employed in the performance of the referenced agreement, in the sum of
_________________________________________________ Dollars ($_______________________), lawful money of the United States of America, which is 100% of the amount of the Agreement, for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

If the above bounden Principal, his or its heirs, executors, administrators, successors, assigns, or any of his or its SUB-CONTRACTORs, fails to pay for any materials, provisions, provender, or other supplies, or teams, implements or machinery, used in, upon, for or about the performance of the work agreed to be done, or for any work or labor to persons named in Section 9100 of the Civil Code, or for amounts due under the Unemployment Insurance Code with respect to such work or labor performed under the Agreement, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the CONTRACTOR and SUB-CONTRACTORs pursuant to Section 13020 of the Unemployment Insurance Code, then the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's

fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment herein rendered.

As part of the obligation secured hereby, the Surety shall not be exonerated or released from the obligation of the bond by any change, alteration, or modification in or of any Agreement, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement or pertaining or relating to the furnishing of labor, mat erials, or equipment therefor, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme of work of improvement, nor by any rescission or attempted rescission of the Agreement, a greement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such Agreement or agreement, or under the bond, nor, where the bond is given for the benefit of claimants, by any fraud practiced by any person other than the claimant seeking to recover on the bond.

This bond shall inure to the benefit of any and all persons, companies and corporations named in Civil Code Section 9100 so as to give them a right of action in a suit on this bond.

This bond is executed for the purpose of complying with the laws of the State of California designated as Title 3, Chapter 5, Payment Bond, commencing with Section 9550 of the Civil Code of the State of Californ ia and all amendments thereto, and shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code of the State of California.

This document is signed by the respective parties on the dates next to their names.

Principal

By: _________________________________

Title: ________________________________

Surety

By: _________________________________

Title: ________________________________

Date: ________________________________

I declare under penalty of perjury under the laws of the State of California that the contents of the above Labor and Materials Payment Bond are true and correct, and that I have been duly authorized to sign this Labor and Materials Payment Bond on behalf of Surety. This Declaration is signed on ______ , in the City of _____, State of California.

--OR--

State of California )
)
County of ___________________________ )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature __________________________________ (Seal)

-- AND –

(Proof of signature authorization or power of attorney must be attached)

APPROVED AS TO FORM:

________________________
City Attorney

(Use of City Bond Form is Required)

EXHIBIT “D”
Warranty Bond

PUBLIC WORKS (CALIFORNIA)

WHEREAS, the City Council of the City of _____________________________ , State of California, and ________________________________________________, (hereinafter designated as "Principal") have entered into a written Agreement (the " Agreement") dated ________________________ whereby Principal agrees to install and complete ce rtain designated public improvements, which Agreement is hereby referred to and made a part hereof; and

WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond for the guarantee and warranty of the work for a period of one (1) year following the completion and acceptance thereof against any defective work or labor done or defective materials furnished.

NOW, THEREFORE, we, the Principal and __________________________________ ______________________, a corporation organized un der the laws of ____________________, and duly authorized to transact business in the State of California, as Surety, are held and firmly bound unto the City of _____________________________, (hereinafter called "City"), in the penal sum of
____________________________________________________________________________Doll ars, ($__________________) lawful money of the United States, which is 50% of the amount of the Agreement, for the payment of which sum well and truly to be made, we bind ourselves, our heirs , successors, executors and administrators, jointly and severally, firmly by these presents.

The address at which the Surety may be served with notices, papers and other documents is:
__________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________

The address at which the Principal may be served with notices, papers and other documents is:
__________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________

The condition of this obligation is s uch that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the CITY , its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by the CITY in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The surety here by stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the

specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications.

This document is signed by the respective parties on the dates next to their names.

Principal

By: __________________________________

Title: ________________________________

Surety

By: _________________________________

Title: _______________________________

Date: _______________________________

Date: ________________________________

I declare under penalty of perjury under the laws of the State of California that the contents of the above Warranty Bond are true and correct, and that I have been duly authorized to sign this Warranty Bond on behalf of Surety. This Declaration is signed on ___, in the City of , State of California.

--OR--

State of California )
)
County of _______________ )

On ______________ before me, ____________________________________(here insert name and title of the officer), personally appeared __________________________________________ _____________________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature __________________________________ (Seal)

-- AND –

(Proof of signature authorization or power of attorney must be attached)

APPROVED AS TO FORM:

__________________________
City Attorney

HYRAP Streets

0.3mi
ITEM #____

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: James Enriquez, P.E., Director of Public Works / City Engineer SUBJECT: Approve Ninth Amendment to Agreement No. 2883 with San Gabriel Valley Water Company for the Operation of the City’s Water System DATE: August 1, 2022
RECOMMENDATIONS:

It is recommended that the City Council:
1) Approve a Ninth Amendment to Agreement No. 2883 with San Gabriel Valley Water Company for the operation of the City’s Water System; and 2) Authorize the City Manager to execute the Amendment on behalf of the City; and 3) Take such additional, related, action that may be desirable.

FISCAL IMPACT
Approval of a Ninth Amendment (Attachment A) to the Water Systems Operations Agreement (Agreement No. 2883) results in no increase to the annual contract fee and remains at the current fee of $39,422 per month or $473,067 for one (1) year. This fee will remain effective from July 1, 2022 to June 30, 2023, unless terminated sooner by either party.

BACKGROUND
In May 2013, the City of Montebello issued a Request for Proposals (RFP) for Water System Operations to several companies and local water purveyors.

On June 20, 2013, the City received proposals from two (2) companies: Park Water Company and San Gabriel Valley Water Company.
10 CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF AUGUST 1, 2022 Approve Ninth Amendment to Agreement No. 2883 with San Gabriel Valley Water Company for the Operation of the City’s Water System

Page 2 of 3 ends

On August 14, 2013, the City Council awarded an agreement to operate and maintain its water system to San Gabriel Valley Water Company for an annual fee of $473,067. The term of the agreement was for one (1) year with a renewal option, giving the City flexibility to extend the agreement or consider a subsequent lease of the Water System at the expiration of the one (1) year term.

On August 13, 2014, the City Council approved the First Amendment, extending the agreement for an additional one (1) year term; from October 1, 2014 to September 30, 2015.

On September 23, 2015, the City Counc il approved the Second Amendment, extending the agreement for an additional one (1) year term; from October 1, 2015 to September 30, 2016.

On September 14, 2016, the City Council approved the Third Amendment, extending the agreement for an additional nine (9) months term; from October 1, 2016 to June 30, 2017.

In June of 2017, the City Council approved the Fourth Amendment, extending the agreement for an additional one (1) year term; from July 1, 2017 to June 30, 2018.

In June of 2018, the City Council a pproved the Fifth Amendment, extending the agreement for an additional one (1) year term; from July 1, 2018 to June 30, 2019.

On June 26, 2019, the City Council approved the Sixth Amendment, extending the agreement for an additional one (1) year term; from July 1, 2019 to June 30, 2020.

On May 27, 2020, the City Council approved the Seventh Amendment, extending the agreement for an additional one (1) year term; from July 1, 2020 to June 30, 2021.

On June 9, 2021, the City Council approved the Eighth Amen dment, extending the agreement for an additional one (1) year term; from July 1, 2021 to June 30, 2022.

Staff is now recommending a Ninth Amendment to amend the term of the original agreement and allow for an early termination for convenience.

ANALYSIS

San Gabriel Valley Water Company continues to perform an outstanding job in the operation and maintenance of the City’s Water System. Their work has been diligent, professional and efficient. It is for these reasons that staff is recommending consideration of an extension of the agreement for an additional one (1) year, specifically until June 30, 2023, as the City considers the sale of the City Water System. Additionally, staff is recommending amending the agreement to include a “termination for conveni ence” CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF AUGUST 1, 2022 Approve Ninth Amendment to Agreement No. 2883 with San Gabriel Valley Water Company for the Operation of the City’s Water System

Page 3 of 3 ends

clause/provision, due to the potential sale and transfer of the City’s Water System, which could occur prior to the end of the Ninth Amendment term (i.e., June 30, 2023).

San Gabriel Valley Water Company is willing to continue to operate and mainta in the City’s Water System for an additional one (1) year at the same terms and conditions as set forth in the original Agreement, including price without any increases, as indicated in SGVWC’s extension letter dated May 25, 2022 (Attachment B).

The recom mended amendment is necessary i n order to continue the effective and efficient operation and mainten ance of the City’s Water System and ensures uninterrupted service to the City’s water customers.

SUMMARY

The City Council will consider approval of a proposed Ninth Amendment to Agreement No. 2883 with San Gabriel Valley Water Company for the continued operation of the City’s Water System and authorize the City Manager to execute such amendment. Upon the approval of the City Council of the recommended actions, staff will coordinate with San Gabriel Valley Water Company to execute the Amendment and ensure the uninterrupted operation and maintenance of the City’s Water System.

ATTACHMENTS:

A. Attachment A – Ninth Amendment to Agreement No. 2883 B. Attachment B – Extension Request Letter from SGVWC
C. Attachment C – Agreement No. 2883 and Amendment Nos. 1 - 8

ATTACHMENT A

CITY OF MONTEBELLO

NINTH AMENDMENT
TO AGREEMENT NO. 2883

WITH SAN GABRIEL VALLEY WATER COMPANY

This Ninth Amendment to Agreement to Operate City Water System by and between the City of Montebello and San Gabriel Valley Water Company (“Ninth Amendment”) is entered into as of the ___ day of ______ 2022, by and between San Gabriel Valley Water Company ( “Contractor”) and City of Montebello ( “City”), with reference to the following facts:

RECITALS

WHEREAS, Operator and City (sometimes hereinafter individua lly referred to as a “Party” and jointly as the “Parties”) entered into that certain Agreement to Operate City Water System by and between the City of Montebello and San Gabriel Valley Water Company, dated October 1, 201 3 (the “Agreement”), pursuant to whi ch City retained Operator to provide for and oversee the administration, management, maintenance, improvement, and operation of the Water System as further described in the Agreement;
WHEREAS, on or about August 13, 2014, the Parties extended the Agreemen t for an additional one (1) year term (“First Amendment”); WHEREAS, on or about September 23, 2015, the Parties extended the Agreement for an additional one (1) year term (“Second Amendment”); WHEREAS, on or about September 16, 2016, the Parties extended the Agreement for an additional nine (9) month term (“Third Amendment”); WHEREAS, on or about July 1, 2017, the Parties extended the Agreement for an additional one (1) year term (“Fourth Amendment”);
WHEREAS, on or about July 1, 2018, the Parties exten ded the Agreement for an additional one (1) year term (“Fifth Amendment”);
WHEREAS, on or about July 1, 2019, the Parties extended the Agreement for an additional one (1) year term (“Sixth Amendment”);
NINTH AMENDMENT TO AGREEMENT NO. 2883

Page 2 of 3 ends

WHEREAS, on or about July 1, 2020, the Parties exten ded the Agreement for an additional one (1) year term (“Seventh Amendment”);
WHEREAS, on or about July 1, 2021, the Parties extended the Agreement for an additional one (1) year term (“Eighth Amendment”);
WHEREAS, the Parties, being mutually satisfied wit h the other Party’s performance of the Agreement, desire to extend the term of the Agreement for an additional year based upon conditions mutually agreeable to them; and WHEREAS, Section 27 of the Agreement provides that the Parties may agree in writing t o extend the Term of the Agreement upon such terms and conditions as mutually agreed to by the Parties.

NOW THEREFORE , in consideration of the mutual promises and covenants contained herein, the receipt adequacy of which is expressly acknowledged by the Parties, the Parties agree to amend to the Agreement as follows:

SECTION 1. Term.

This Ninth Amendment shall be deemed to have taken effect on the date of expiration of the Eighth Amendment, and shall terminate on June 30, 2023 (the “Term”).

The Term of this Ninth Amendment may be extended for successive one (1) year terms (each a “Renewal Term”) upon such terms and conditions mutually agreed to by the Parties in writing. Nothing herein prevents either Party from terminating this Ninth Amendment prior to expiration of the Term hereof or any subsequent Renewal Term as provided in Section 17 of the Agreement.

SECTION 2. Compensation.

For the Term of this Ninth Amendment, Contractor shall be compensated at the annual rate set forth in the Agreement.

SECTION 3. Remainder of Agreement Effective.

Except as expressly amended herein with respect to the Term , the remainder of the Agreement as amended shall remain in full force and effect and is incorporated herein in its entirety.

[SIGNATURE PAGE TO FOLLOW]

NINTH AMENDMENT TO AGREEMENT NO. 2883

Page 3 of 3 ends

CITY OF MONTEBELLO SAN GABRIEL VALLEY WATER

COMPANY

René Bobadilla, City Manager Robert W. Nicholson, President

ATTEST:

Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

ITEM #____

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: James Enriquez, Director of Public Works / City Engineer SUBJECT: Authorize Notice Inviting Bids – Montebello Municipal Golf Course Renovation Project (CP No. 894)
DATE: August 1, 2022
RECOMMENDATIONS:

It is recommended that the City Council:
1) Approve the Plans, Specifications, and Estimate (PS&E) for the Montebello Municipal Golf Course Renovation Project – Phase 1 (CP No. 897-1) and authorize the City Clerk to publish the Notice Inviting Bids (Attachment A); and 2) Approve the Plans, Specifications, and Estimate (PS&E) for the Montebello Municipal Golf Course Renovation Project – Phase 2 (CP No. 897-2) and authorize the City Clerk to publish the Notice Inviting Bids (Attachment B); and 3) Approve the Notice of Exemption (Attachmen t C) for the subject project and authorize the City Clerk to file the Notice of Exemption with Los Angeles Registrar- Recorder; and
4) Approve Amendment No. 2 to Agreement No. 3937 with SportFive Golf, LLC (Attachment D) for additional architectural and engineering design services in the amount not-to-exceed $149,980; and
5) Award Task Order No. 3 via an Engagement Letter (Attachment E) under Master Retainer Agreement No. 3919 with AIM Consulting Services for additional Program Management Services for a not-to-exceed-fee of $188,841; and 6) Amend the Fiscal Year 2022-23 budget by increasing appropriations by $149,980 (SportFive Golf LLC) in Account No. 610- 99-6040.80 (Golf Course, Engineering 11 CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF AUGUST 1, 2022 Authorize Notice Inviting Bids – Montebello Municipal Golf Course Renovation Project (CP No. 894)

Page 2 of 6 ends

Services), and $ 188,841 (AIM Co nsulting Servings) in Account No. 610 -99- 6040.95 (Golf Course, Other Professional Services); and

7) Take such additional, related, action that may be desirable.

FISCAL IMPACT

The total estimated expense s for Architectural and Engineering and Program Management Services covering up to the start of construction is $2,148,621. City Council had previously authorized a total of $1,809,800 for these services. The original professional services agreements with SportFive Golf LLC and AIM Consulting were approved by City Council on November 10, 2021 in the amounts of $1,238,290 and $382,720, respectively. On May 11, 2022, Amendment No. 1 with SportFive Golf LLC was approved by the City Council, increasing the pro fessional services agreement amount by $188,790. The recommended action in this agenda report would approve Amendment No. 2 with SportFive Golf, LLC ($149,980) and Task Order No. 3 with AIM Consulting ($188,841).

The total budget and agreement authorization for additional services -- original agreement amounts plus amendments/task orders – recommended at this time is $2,148,621:
$1,577,060 for SportFive Golf, LLC and $571,561 for AIM Consulting Services. The City Council is being asked to amend the Fiscal Year 2022-23 Golf Fund budget, by increasing appropriations by $149,980 in Account No. 610 -99-6040.80 (SportFive Golf, LLC) and $188,841 in Account No. 610-99-6040.95 (AIM Consulting Services).

The architecture, engineering and project management, as well as construction costs associated with transforming the golf course will be paid utilizing bond proceeds from a future bond issuance. Currently, staff is preparing to request City Council authoriza tion for issuance of bonds in August 2022, w ith the sale of bonds to follow . Prior to the issuance of any bonds, a firm construction estimate is needed in order to properly size the bonds (i.e., finance the proper amount to cover associated expenses of th e project).

The architectural and engineering and program management services completed to date were utilized to prepare the estimate and prepare the construction documents for bidding as well as provide project management services.

Once the financing is secured, costs associated with these services will be reimbursed by the bond proceeds. Therefore, the Golf Fund will be reimbursed accordingly. In addition, s taff will create a new capital improvement fund to track all golf course improvement expenses, and bond issue revenue reimbursement.

The recommendation to award any construction contracts will follow bond issuance , in order to have proper security of funds for the next phases of golf course improvement .

Subsequent action on awarding contracts will be brought for City Council consideration.

CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF AUGUST 1, 2022 Authorize Notice Inviting Bids – Montebello Municipal Golf Course Renovation Project (CP No. 894)

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BACKGROUND

The City Council approved a Sublessee Development and Participation Agreement with Topgolf on March 24, 2021 for the Driving Range Relocation Project (“DRR Project”). The DRR Project is adjacent to the Montebello Municipal Golf Course Renovation Project (“GCR Project”) and is located along the Via Campo frontage of the golf course campus (See Attachment F).

The GCR Project proposes to renovate a portion of the existing Montebello Municipal Golf Course property located immediately south of the DRR Project and northwest of the Quiet Cannon event center . The GCR project area is also shown in Attachment F and is approximately 72.5 acres of the golf course campus. The proposed site plan for the project is shown in Attachment G and will replace the existing 18-hole golf course with a new and modern first-class championship golf course complex that will complement the adjacent Topgolf facility and existing hotels and Quiet Cannon event center. The project will include a new 9-hole championship golf course with a new club house and putting green complex and a new 6-hole Par 3 golf course with lights.

The construction of the Golf Course Renovation Project will be phased as follows:

 Phase 1 – Golf course rough site work construction (Civil Contractor) including rough grading, underground and utilities construction, pavement and concrete flatwork;
 Phase 2 – Golf course construction (Golf Course Contractor) including finished grading, construction of golf course features (i.e. tee boxes, fairways, greens and sand traps), turf and landscaping; and
 Phase 3 – Clubhouse construction.

Phase 1 Notice Inviting Bids – Civil Contractor

The Engineer’s Estimate for construction for Phase 1 is $6,850,000.

The anticipated construction schedule for Phase 1 is as follows:
 Advertise for Construction Bids August 2, 2022
 Bid Opening August 30, 2022
 Award of Contract September 14, 2022
 Start Construction October 2022
 Complete Construction September 2023

The Notice Inviting Bids will be published in the local newspaper and the Green Sheet.

The notice, plans and specifications will also be posted on Planet Bids through the City of Montebello’s Website, per the City’s municipal code, Chapter 3.20 et al.

CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF AUGUST 1, 2022 Authorize Notice Inviting Bids – Montebello Municipal Golf Course Renovation Project (CP No. 894)

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Phase 2 Notice Inviting Bids – Golf Course Contractor

The Engineer’s Estimate for construction for Phase 2 is $9,500,000.

The anticipated construction schedule for Phase 2 is as follows:
 Advertise Notice Requesting
Contractor Prequalification Packages August 8, 2022
 Prequalified Contactor Approval September 19, 2022
 Request for Construction Bids September 27, 2022
 Bid Opening October 25, 2022
 Award of Contract November 9, 2022
 Start Construction January 2022
 Complete Construction September 2023

Contractors for this phase will be pre -qualified in accordance with Section 20101 of the California Public Contract Code and the California Labor Commissioner’s Model Questionnaire. The Notice Requesting Prequalification Packages will be published in the local newspaper, the Green Sheet, and will be posted on Planet Bids through the City of Montebello’s Website . Once the prequalification process is completed, only selected contractors will receive a Notice Inviting Bids , plans and specifications. This will ensure that bids are only received from contractors meeting minimum qualifications, including recent experience building golf courses.

Phase 3 Notice Inviting Bids – Clubhouse Contractor

Authorization to publish the Notice Inviting Bids for Phase 3 is not part of this staff report.

The design of Phase 3 is 65% completed and authorization will be included on a separate staff report at a later date.

SportFive Golf, LLC (Additional A&E Design Services)

On November 10, 20 21, the City Council awarded Professional Services Agreement No. 3937 to SportFive Golf, LLC in the amount of $1,238,290 for the design of the Montebello Municipal Golf Course Renovation Project. The agreement was in response to Request for Proposals (RFP) No. 22-1.

On May 11, 2022, the City Council approved Amendment No. 1 to the agreement in the amount of $188,790 for various additional services not contemplated in the original scope of work. The design has been completed and additional design services were required to modify the site layout in order to reduce the estimated construction cost of the overall project. A professional construction estimating firm was engaged to prepare an estimate for construction based on the 65% completed project plans. The estimator concluded that the original design would exceed the total project budget available based on current construction market conditions.

CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF AUGUST 1, 2022 Authorize Notice Inviting Bids – Montebello Municipal Golf Course Renovation Project (CP No. 894)

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As a result, the design team was tasked to revise the design to reduce the overall cost of the project and better align with the total bond financing anticipated to be available for construction. The design team developed a site plan reconfiguration (Attachment G) that resulted in a substantial reduction in earthwork quantities and opportunities to re-use the existing lakes and other features on the property while resulting in a completely renovated golf complex that will offer an improved playing experience.

This redesign required changes to most of the project drawings resulting in an aggregate additional design fee of $149, 980, but is anticipated to bring the overall project construction cost to within available funding. Therefore, a second amendment to the SportFive Golf, LLC agreement is required.

AIM Consulting Services (Additional Program Management Services)

On November 10, 2021, the City Council awarded Task Order No. 1 to AIM Consulting Services for program management services for this project in an amount not -to-exceed $382,720. The services are billed hourly which are verified on monthly invoices. The proposed additional fee will provide budget for project management for the remaining 4 months of design. The design phase was extended due to the splitting of the project into 3 phases of construction and Phase 3 (Clubhouse construction) is anticipated to bid for construction in November 2022. Additionally, professional construction estimating services and plan review services were added to the services provided by AIM Consulting Services. The total additional cost for these services is $ 188,841, hence the need to amend the agreement amount and the FY 2022-23 budget.

ENVIRONMENTAL

Pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15301, the recommended improvements are categorically exempt under Class 1(c) for existing facilities. Under CEQA, a project is exempt if the scope of work is limited to the repair, maintenance, and minor alterations of an existing facility and involves negligible or no expansion of the existing or former use. The project does not change the existing use as a golf course and, furthermore, that use is actually reduced since the project will replace an 18-hole golf course with a 9-hole golf course and a smaller 6-hole par 3 golf course.

SUMMARY

Upon approval by the City Council of the recommended actions, staff will execute the agreement amendments with SportFive Golf, LLC and AIM Consulting Services, as well as coordinate the bidding of the construction contracts.

Staff is also requesting the amendment of the FY 2022 -23 budget, increasing appropriations by $149,980 in Account No. 610 -99-6040.80 (Golf Course, Engineering Services) for Amendment #2 to the SportFive Golf, LLC agreement and $188,841 in CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF AUGUST 1, 2022 Authorize Notice Inviting Bids – Montebello Municipal Golf Course Renovation Project (CP No. 894)

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Account No. 610-99-6040.95 (Golf Course, Other Professional Services) for Task Order #3 to the AIM Consultin g Services agreement . Upon issuance of bonds to finance construction of the entire golf course project, these expenses will be reimbursed. In addition, construction related costs will be tracked in a separate capital improvement project fund, along with bond reimbursement revenue.

ATTACHMENTS:

A. Attachment A – Notice Inviting Bids [Phase 1 (CP No. 897-1)] B. Attachment B – Notice Inviting Bids [Phase 2 (CP No. 897-2)] C. Attachment C – Notice of Exemption
D. Attachment D – Amendment No. 2 to Agreement No. 3937 E. Attachment E - Engagement Letter under Master Retainer Agreement No. 3919 F. Attachment F – Project Area Map
G. Attachment G – Proposed Site Plan

A
- 1

ATTACHMENT A

NOTICE INVITING SEALED BIDS
FOR
Golf Course Renovation – Civil Construction
FY 2022/2023
C.P. No. 894-1

IN THE CITY OF MONTEBELLO
DATE OF BID OPENING: PUBLIC NOTICE IS HEREBY GIVEN that the City of Montebello as AGENCY, invites sealed bids for the above stated project and will receive such bids electronically ONLY thru PlanetBids, https://www.cityofmontebello.com/rfp-bids/bid- opportunities.html, by 11:00 am on Tuesday, August __, 2022. The ELECTRONIC Bid(s) will be evaluated and posted on PlanetBids, where they can be viewed publicly shortly after the bid closes.

SCOPE OF WORK: The work to be performed or executed under these specifications consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the contract documents to construct the above stated project. The general items of work include the rough grading of the site, constructing all utilities (sewer, storm drain, etc), constructing a new access road with sidewalk and curb & gutter, and other miscellaneous appurtenant work and indicated in the contract documents.

It is the intent of this contract to have the contractor perform the “Project”, and other appurtenances in accordance with the 2021 Standard Plans for Public Works Construction (SPPWC), and 2021 Standard Specifications for Public Works Construction “Greenbook.” CONTRACT DOCUMENTS:

Copies of the contract documents and specifications are available on the City’s website at https://www.cityofmontebello.com/rfp-bids/bid-opport unities.html.

I
n order to be on the Planholder List for this project, each bidder must submit a Bidders Information Sheet thru PlanetBids. Bids will not be accepted unless the bidder is on the Planholder List. All questions from planholders, are to be posted on the website.

Questions: All questions relative to this project prior to the opening of bids shall be submitted electronically and received no later than 12:00 p.m. on Tuesday, August __, 2022.

PREVAILING WAGE:

Pursuant to Section 1770, et seq., of the California Labor Code, the Contractor shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California for the locality where the work is to be performed. A copy of said wage rates is available on-line at: B-2 www.dir.ca.gov/dlsr/DPreWageDetermination.htm.

The Contractor and any subcontractors shall pay not less than said specified rates and shall post a A
- 2
copy of said wage rates at the project site. This project is funded in whole or in part with Community Development Block Grant (CDBG) funds provided by the U.S. Department of Housing and Urban Development (HUD). Federal Labor Standards Provisions, including prevailing wage requirements of the Davis-Bacon and Related Acts will be enforced. In the event of a conflict between Federal and State wages rates, the higher of the two will prevail.

LABOR COMPLIANCE:

To comply with SB 854, beginning January 1, 2015 the following applies:

1. No contractor or subcontractor may be listed on a bid proposal for public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

2. No contractor or subcontractor may be awarded a contract for public works on a public works project awarded on or after April 1, 2015, unless registered with the DIR.

3. The project is subject to compliance monitoring and enforcement by the DIR.

4. Require the prime contractor to post job site notices prescribed by regulation (regulation not created yet) or the City must post the notices itself.

The Contractor shall fill in the Department of Industrial Relations (DIR) Contractor Registration Number Form provided in the Contract Specifications submit it with the sealed Bid.

The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, marital status or religion in any consideration leading to the award of contract.

In entering into a public works contract, or subcontract, to supply goods, services, or materials pursuant to a public works contract, the Contractor, or the Subcontractors, offers and agrees to assign to the awarding body all rights, title and interest in, and to, all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) of under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public work contract or the subcontract. This assignment shall be made and become effective as the time the awarding body tenders final payment to the Contractor, without further acknowledgement by the parties.

Bids must be prepared on the approved Proposal forms in conformance with the “Instructions to Bidders” and submitted in a sealed envelope plainly marked on the outside. The bid must be accompanied by certified or cashier’s check, or bidder’s bond, made payable to the AGENCY for an amount no less than ten percent of the amount bid.

Bidders must hold a valid California Class A Contractor’s License.

A
- 3
No bid will be accepted from a Contractor who has not been licensed in accordance with provisions of the Business and Professions Code. The successful Contractor and his subcontractors will be required to possess business licenses from the City.

The AGENCY will deduct five percent (5%) retention from all progress payments as specified in Section 9-3.2 of these Specifications. The Contractor may substitute an escrow holder surety of equal value to the retention and the Contractor shall be beneficial owner of the surety and shall receive any interest thereon.

The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids, under advisement for a period of sixty (60) days.

The contract period for this project is Two Hundred Forty (240) working days from the effective date of the Notice-to-Proceed to be issued by the City.

Publish Date: August __, 2022
BY ORDER OF: The City of Montebello, California
_____________________________
Alicia Fernandez, Deputy City Clerk
A - 1

NOTICE INVITING SEALED BIDS

FOR

Golf Course Renovation – Golf Course Construction

FY 2022/2023
C.P. No. 894-2

IN THE CITY OF MONTEBELLO

DATE OF BID OPENING: NOTICE IS HEREBY GIVEN that the City of Montebello as AGENCY, invites sealed bids for the above stated project and will receive such bids electronically ONLY thru PlanetBids, https://www.cityofmontebello.com/rfp-bids/bid-opportunities.html , by 11:00 am on Tuesday, August __, 2022. The ELECTRONIC Bid(s) will be evaluated and posted on PlanetBids, where they can be viewed publicly shortly after the bid closes.

CONTRACTOR PREQUALIFICATION MANDATORY: This Notice Inviting Sealed Bids is distributed only to Contractors selected in resp onse to the City’s Request for Contractor Prequalification for this project. All other bids w ill be unopened and will be deemed non- responsive.

SCOPE OF WORK: The work to be performed or executed under these sp ecifications consists of furnishing all materials, equipment, tools, labo r, and incidentals as required by the contract documents to construct the above stated project. Th e general items of work include the precise grading, reshaping and contouring, drainage, irrigation, greens construction, bunker construction, tee construction, lake construction, cart path construction, grassing, landscape, lighting, and other miscellaneous appurtenant work indication in the contract documents.

It is the intent of this contract to have the contractor perform the “Project”, and other appurtenances in accordance with the United States Golf Associati on Specifications (USGA) for green construction, the 2021 Standard Plans for Public Wo rks Construction (SPPWC), and 2021 Standard Specifications for Public Works Construction “Greenbook.”

CONTRACT DOCUMENTS:

Copies of the contract documents and specifications are available on the City’s website at https://www.cityofmontebello.com/rfp-bids/bid-opportunities.html .

In order to be on the Planholder List for this proj ect, each bidder must submit a Bidders Information Sheet thru PlanetBids. Bids will not b e accepted unless the bidder is on the Planholder List. All questions from planholders, are to be posted on the website.

Questions: All questions relative to this project prior to th e opening of bids shall be submitted electronically and received no later than 12:00 p.m. on Tuesday, August __, 2022.

ATTACHMENT B
A - 2

PREVAILING WAGE:

Pursuant to Section 1770, et seq., of the California Labor Code, the Contractor shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California for the locali ty where the work is to be performed. A copy of said wage rates is available on-line at: B-2 www.dir.ca.gov/dlsr/DPreWageDetermination.htm .

The Contractor and any subcontractors shall pay not less than said specified rates and shall post a copy of said wage rates at the project site. This p roject is funded in whole or in part with Community Development Block Grant (CDBG) funds prov ided by the U.S. Department of Housing and Urban Development (HUD). Federal Labor Standards Provisions, including prevailing wage requirements of the Davis-Bacon and Related Acts will be enforced. In the event of a conflict between Federal and State wages rates, the higher of the two will prevail.

LABOR COMPLIANCE:

To comply with SB 854, beginning January 1, 2015 the following applies:

1. No contractor or subcontractor may be listed on a b id proposal for public works project (submitted on or after March 1, 2015) unless regist ered with the Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

2. No contractor or subcontractor may be awarded a con tract for public works on a public works project awarded on or after April 1, 2015, unless registered with the DIR.

3. The project is subject to compliance monitoring and enforcement by the DIR.

4. Require the prime contractor to post job site notic es prescribed by regulation (regulation not created yet) or the City must post the notices itself.

The Contractor shall fill in the Department of Indu strial Relations (DIR) Contractor Registration Number Form provided in the Contract Specifications submit it with the sealed Bid.

The AGENCY hereby affirmatively ensures that minori ty business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, marital status or religion in any consideration leading to the award of contract.

In entering into a public works contract, or subcon tract, to supply goods, services, or materials pursuant to a public works contract, the Contractor , or the Subcontractors, offers and agrees to assign to the awarding body all rights, title and interest in, and to, all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) of under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public work contract or the subcontract. This assignment shall be made and beco me effective as the time the awarding body tenders final payment to the Contractor, without further acknowledgement by the parties.

A - 3

Bids must be prepared on the approved Proposal form s in conformance with the “Instructions to Bidders” and submitted in a sealed envelope plainly marked on the outside. The bid must be accompanied by certified or cashier’s check, or bidder’s bond, made payable to the AGENCY for an amount no less than ten percent of the amount bid.

Bidders must hold a valid California Class A or C-27 Contractor’s License.

No bid will be accepted from a Contractor who has not been licensed in accordance with provisions of the Business and Professions Code. The successfu l Contractor and his subcontractors will be required to possess business licenses from the City.

The AGENCY will deduct five percent (5%) retention from all progress payments as specified in Section 9-3.2 of these Specifications. The Contrac tor may substitute an escrow holder surety of equal value to the retention and the Contractor sha ll be beneficial owner of the surety and shall receive any interest thereon.

The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids, under advisement for a period of sixty (60) days.

The contract period for this project is Two Hundred (200) working days from the effective date of the Notice-to-Proceed to be issued by the City.

Publish Date: August __, 2022

BY ORDER OF: The City of Montebello, California

_____________________________
Alicia Fernandez, Deputy City Clerk

A
MENDMENT NO. 2
TO PROFESSIONAL SERVICES AGREEMENT NO. 3937

BETWEEN THE CITY OF MONTEBELLO

AND SPORTFIVE GOLF, LLC
This Amendment (“Amendment No. 2”) to that certain Services Agreement No. 3937 for architectural & engineering services for the Montebello Municipal Golf Course Renovation Project dated November 16, 2021, (“Agreement”), is made as of July 27, 2022 (“Effective Date”), by and between the City of Montebello (“City”), and SPORTFIVE Golf, LLC (“CONTRACTOR”). City and CONTRACTOR are sometimes hereinafter individually referred to as a "Party" and jointly as the "Parties".

RECITALS
WHEREAS, City and the CONTRACTOR are parties to the Agreement, dated November 16, 2021, under which CONTRACTOR was awarded a professional services agreement by the City for architectural & engineering services; and WHEREAS, City and the CONTRACTOR are parties to Amendment No. 1 to the Agreement, dated May 11, 2021, for additional architectural & engineering services; and WHEREAS, City and CONTRACTOR now desire to amend the Agreement to expand the scope of work and increase the related compensation under the Agreement; and
NOW, THEREFORE , the parties to this Amendment No. 2 agree to amend the Agreement as follows:

SECTION 1. AMENDMENT TO SERVICES/COMPENSATION. The scope of work to the Agreement is expanded to include the following services attached hereto as the following exhibits and incorporated herein by this reference:

Exhibit “A-1”: Proposal Dated June 20, 2022 – Additional architectural and engineering design services related to value engineering modifications to the design at the request of the City.

Exhibit “A-2”: Proposal Dated June 20, 2022 – Increased reimbursable costs related to value engineering modifications to the design at the request of the City.

Compensation for the expanded scope of work contemplated in this Amendment No. 2 shall be as follows:

ATTACHMENT D
“
City agrees to compensate CONTRACTOR for the expanded scope of work contemplated under Amendment No. 2 (Exhibits “A-1” through “A-2”), and CONTRACTOR agrees to accept in full satisfaction for such services an amount not-to-exceed the sum of One Hundred Forty-Nine Thousand Nine Hundred Eighty dollars ( $149,980); unless a different amount is specifically approved in advance in writing by City.” SECTION 2. EFFECT. Except as expressly modified by this Amendment No. 2, all provisions of the Agreement, shall remain in full force and effect.

SECTION 3. ENTIRE AGREEMENT. The provisions of this Amendment No. 2 shall constitute the entire agreement of the parties with respect to the subject matter included in this Amendment No. 2 and shall supersede any other agreement, understanding, or arrangement, whether written or oral, between the parties with respect to the subject matter of this Amendment No. 2.

SECTION 4. AUTHORITY. The person or persons executing this Amendment No. 2 on behalf of each of the Parties warrants and represents that he or she has the authority to execute this Amendment No. 2 on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder.

IN WITNESS WHEREOF, the parties have signed this Amendment No. 2 as of the Effective Date stated in the introductory clause.
[SIGNATURES ON THE NEXT PAGE]
AMENDMENT NO. 2 TO AGREEMENT NO. 3937

Page 2 of 3 ends

C
ITY OF MONTEBELLO a California
municipal corporation
(“City”)
By: ______________________________
René Bobadilla, City Manager

CONTRACTOR
(“CONTRACTOR”)
By:

N
ame:

T
itle:

A
TTEST:
__________________________________
Christopher Jimenez, City Clerk
By:

N
ame:

T
itle:

A
PPROVED AS TO FORM:
__________________________________
Arnold M. Alvarez-Glasman,
City Attorney
EXHIBITS:
• Exhibit A-1
• Exhibit A-2
AMENDMENT NO. 2 TO AGREEMENT NO. 3937

Page 3 of 3 ends

Ju
ne 20, 2022
C
ity of Montebello
Mr. James Enriquez, P.E.

Director / City Engineering
1600 W. Beverly Blvd.

Montebello, CA 90640
R
E: Amendment #8 – Revised Plans with Reduced Scope / Value Engineering and Miscellaneous Engineering Items and Added Scope
D
ear Mr. Enriquez,
A
ttached is Additional Work Proposal for preparing revised plans in order to meet City’s overall budget/cost for the Montebello Golf Course Project. The services and fee includes:
(A) Revised Civil plans, Golf Course Design plans, Golf Irrigation plans, Landscape plans, Electrical plans, Lake plans and Golf Course Clubhouse plans, to incorporate a new design based on new scope and value engineering items.
(B) Ad
ditional Civil Engineer services for recently added scope including:
(1
) Entry Road plans changed from private to public road. (2) Prepare legal and plat exhibit for Cal Water easement. (3) Prepare legal and plat exhibit for a public sewer easement extension.

T
his is for additional design and coordination services outside of the existing SportFive Agreement with the City of Montebello.

Th
e fees listed below (attached proposals) are from our design team:

DRC Engineering $65,000
Douglas Fredrikson Architects $35,000
SportFive/Rick Smith Design $24,000 *
BTG Golf (Irrigation Design) $4,500
Curley Cummings (Landscape) $4,110
PACE (Lake Design) $2,800
T
otal additional fee is $135,410. Detailed information and a summary of projected hours and hourly rates is included. In addition to the $135,410 fee, SportFive will add an additional five (5%) percent for coordination and management (*not including the SportFive/Rick Smith $24,000).

Total Fee for Amendment #8, Revised Plans with Reduced Scope / Value Engineering and Miscellaneous Engineering Items and Added Scope - $140,980 I
f you have any questions, or require further information, please feel free to contact me any time.

S
incerely,
M
ichael Angus / SportFive

June 17, 2022
Job No. 21-167
Mike Angus
Sport Five
488 Madison Avenue, 16th Floor
New York, NY 10022
480-483-9500
RE: Additional Work Authorization for Montebello Golf Course Dear Mike,
Please find enclosed Additional Work Authorization (AWA) #2 for Montebello Golf Course 901 Via San Clemente, Montebello, CA 90640. This work authorization is intended to cover additional work requested and necessary work that was not included as part of our proposal for the Montebello Golf Course project. We appreciate the opportunity to be involved with this project and look forward to its successful completion.

Please contact me should you have any questions.

Sincerely,
Jeptha Brander, PE
Project Manager
Attachment
Scope of Services and Fees: June 17, 2022
Job No. 21-167

Page 1 of 5 ends

Project: Montebello Golf Course

1.0 INTRODUCTION & SCOPE OF SERVICES
This Additional Work Authorization (AWA) is for additional engineering, survey, and dry utility coordination services related to the Montebello Golf Course. The following Scope of Services outlines the identified additional tasks required for the successful completion of the project.

Entry Road
City staff has noted the previous planned private entry road will be transitioned to a public street.

DRC will update street plans as a public street plan package. Additionally, street improvement plans will be revised to reflect changes to golf clubhouse and drive entry locations.

Cal-Water Easement
During design coordination meeting with Cal-Water staff, staff noted that a separate dedicated easement (beyond common access road utility easement) would be required by Cal-Water for the proposed public water main. DRC will prepare legal and plat exhibit for use by City of Montebello to prepare necessary easement agreement with Cal-Water.

Public Sewer Easement Extension
During design development it was determined the proposed public sewer connections would not be able to connect to existing municipal sewer through existing public roads (Via Campo/Via San Clemente.) The proposed sewer line will cross Via San Clemente and continue east (across city owned parcels) for connection to existing municipal sewer located in Garfield Ave. DRC will prepare necessary additional legal and plat exhibit for the sewer.

Dry Utility Design
DRC will revise previous dry utility design to reflect relocated Golf Clubhouse location. During design development it was determined a lake pump system would be installed requiring a separate electrical service. DRC will include additional service in electrical design.

Clubhouse Plans
DRC will update clubhouse dimension control, grading plan, storm drain and utility plans to reflect revised clubhouse location. DRC will also review, revise and update Low Impact Development report. Any necessary changes to common drainage basin (currently located on Topgolf lease parcel by separate plans) will be incorporated into basin plan set. DRC will perform earthwork calculations for the new location to coordinate with the golf course designer for necessary generation of cut/fill materials.

Public Utility Plans
DRC will make updates to backbone storm drain, water, and sewer plans for revised clubhouse location.

Scope of Services and Fees: June 17, 2022
Job No. 21-167

Page 2 of 5 ends

2.0 SCOPE of SERVICES EXCEPTIONS
No additional services will be performed on the project without prior written authorization from the client. For clarification, this scope of work does not include the following tasks:
 Any task or services not specifically included under the Scope of Services Section above.  Utility shutdowns (to be done by property owner)
 Utility disconnects (to be coordinated by contractor)  Any work inside of existing buildings.
 Geophysical Utility Survey
 Potholing
 Phased construction plans, all work assumed to occur in singular period  Bicknell Park WQMP (understood to be maintenance)
 Construction Permits
 Sewer or Water studies
 Drainage/hydrology studies beyond project property limits  Site lighting plans and photometrics
 Fire hydrant flow test data (by water agency)
 Off-site improvement plans for street, storm drain, sewer, water, traffic signal, signing and striping, and street lighting, except as noted in the Scope of Services Section 1.0  Any Traffic Control or Encroachment Permit Plans and Processing  Construction staking services (available from DRC upon request)  As-Built Plans
 Dry Utility Scope exceptions
 Relocation/Removal/Conversion of existing on- and off-site electric, gas, telephone and CATV facilities
 Utility conflict design review.
 Cost Estimates
 Applicant utility design services.
 Temporary power and telephone service coordination.
 Coordination relating to the acquisition of permits and/or addresses.  Private/public lighting design and coordination.
 Irrigation/traffic signal/meter pedestal design and coordination.  Additional electric, telephone, CATV and gas work order design/phasing.

Scope of Services and Fees: June 17, 2022
Job No. 21-167

Page 3 of 5 ends

3.0 FEE SCHEDULE
The scope of services outlined in Section 1.0 will be completed for a fixed fee as indicated below. It is agreed and mutually understood that the tasks are interrelated and that the fee is divided into tasks solely to facilitate the preparation and approval of progress billings in accordance with terms of the agreement. The task fees shown below, plus any fees for reimbursable expenses and authorized additional services, represent the total contract amount.

Construction Documents
Task Fixed Fee
Entry Road $15,000
Cal-Water Easement $3,000
Public Sewer Easement Extensions $3,000
Dry Utility Design $7,500
Clubhouse Plans $25,000
Public Utility Plans $11,500
Subtotal $65,000
Total $65,000
Reimbursable Allowance $3,500
Scope of Services and Fees: June 17, 2022
Job No. 21-167

Page 4 of 5 ends

4.0 ESTIMATED TASK BREAKDOWN & HOURLY SCHEDULE OF BILLING RATES The below is an estimated break down of effort required, please note line items reflect rounding and line items may not sum evenly. Any discrepancies in totals should be assumed to be proportioned out.

TASK Manager Hrs Fee Engineer Hrs Fee Designer Hrs Fee Total Entry Road 9 $1620 67 $11390 12 $1920 $15,000
Cal-Water Easement 2.5 $450 15 $2550 0 $0 $3,000
SWR Easement 2.5 $450 15 $2550 0 $0 $3,000
Dry Utility 5 $900 34 $5780 5 $800 $7,500
Clubhouse Plans 14 $2520 111 $18870 23 $3680 $25,000
Public Utility Plans 7 $1260 51 $8670 10 $1600 $11,500
Principal $190.00/Hour
Project Manager $180.00/Hour
Project Engineer / Surveyor $170.00/Hour
Design Engineer $160.00/Hour
CADD Drafter $145.00/Hour
Engineering Aide / Administration $125.00/Hour
2-Man Survey Crew $250.00/Hour

5.0 CONTRACT PROVISIONS
1: It is DRC Engineering Inc.’s (DRC) policy to meet all schedule requirements while maintaining a competent and professional level of service. In return, it is expected that all invoices will be paid in a timely manner. It is agreed and understood that all invoices will be considered delinquent sixty (60) days after invoice date.
2: Client shall pay the cost, plus 10%, for any applicable application and governmental fees, title company charges, well monuments, outside vendor reproduction costs, in-house reproduction cost, and delivery or messenger services incurred on Client’s behalf. If requested, we will provide a computer printout, which details these costs. We do not typically provide any additional back up for these generally nominal expenses as part of our fee. 3: Miscellaneous fees shall be billed monthly as they are incurred. Invoices shall be considered due and payable upon presentation.
4: In the event this Agreement is breached, terminated, or canceled, or if Additional Services are required, then Client shall pay DRC per the foregoing hourly rates for work completed. 5: The above Schedule of Hourly Billing Rates is for straight time only. In the case of overtime, the rate charged will be 1-1/2 times the hourly rates shown. 6: The fee stated herein does not include any sales or use tax. In the event that a sales and/or use tax is imposed by local, state, or federal authority, upon the services rendered hereunder, such sales and/or use tax shall be in addition to said fee herein, and shall be the full responsibility of the Client.
7: This proposal may be considered as effective for six (6) months from the date of this letter. If the project is not completed within one (1) year after the scheduled start date (due to no fault of DRC), additional reimbursement may be required. If required, such additional reimbursement would be subject to negotiation and mutual agreement between both parties. 8: The Client agrees to limit DRC’s liability to the Client and to all contractors and subcontractors on the project, to damages based on proven professional negligent acts, errors or omissions on the part of DRC only.

Scope of Services and Fees: June 17, 2022
Job No. 21-167

Page 5 of 5 ends

We are prepared to begin work on this project upon receipt of authorization.

Accepted by: ____________________________ Title: ____________________ Sportfive Date: ___________________
End of Proposal

Ju
ne 20, 2022
C
ity of Montebello
Mr. James Enriquez, P.E.

Director / City Engineering
1600 W. Beverly Blvd.

Montebello, CA 90640
R
E: SportFive Proposal for Revising Golf Course Design Plans based on Reduced Scope / Value Engineering
D
ear Mr. Enriquez,
A
ttached is Additional Work Proposal for SportFive and Rick Smith Design to redesign the proposed golf course and prepare revised plans in order to meet City’s overall budget/cost for the Montebello Golf Course Project. The services and fee includes revising all Golf Course Design plans.

E
stimated task breakdown and hourly billing of rates summary:

R
edesign Golf Course and Revise Golf Course Design Plans Principal “A” 20 hours $500.00 $10,000.00
Principal “B” 40 hours $250.00 $10,000.00
CAD Operator 26 hours $150.00 $3,900.00
Admin 1 hours $100.00 $100.00
TO
TAL $24,000.00
I
f you have any questions, or require further information, please feel free to contact me any time.

S
incerely,
M
ichael Angus / SportFive

191 Cabrillo Street
Costa Mesa, CA 92627 USA
+1-949/631-8998 fax +1-949/631/8999
June 13, 2022
SportFive
7077 East Marilyn Rd
Scottsdale, AZ85254
Attn.: Mr. Michael Angus
BTG Golf LLC to perform irrigation design and consulting services for the redesign of the Montebello Municipal Golf Course project as outlined below.

DESIGN SERVICES
Revised Design for New Routing on Holes 1 through 5
We will analyze the final topographic information from your base plan to determine if there is any hydraulic impact to the redesign that will affect pipe sizing or pump station performance.

The revised design will address the changes to ho les 1 through 5 only. Note that this may impact the layout for holes 6 through 9, however we will attempt to maintain the current layout for the unchanged holes or at least minimize the impact to those holes.

The revisions will include main line routing, sprinkler la yout, lateral piping, and controller locations as well as communications cable routi ng and new power wire routing and size calculations.

Deliverables will include a n updated Mechanical Plan as well as updated Communications and Electrical Plans. There will be no changes made to the Construction Detail pages. We will not provide revised specifications, but we will provide a new bid form that includes updated material quantities.

Our fee for this work will be $4,500.

BTG Golf LLC 06/13/2022
pr montebello revisions.doc 2
Thank you for the opportunity to offer this proposal.

Respectfully submitted,
Bryant Taylor Gordon Golf
Irrigation Design and Consulting
David Taylor
David Taylor
Principal
Accepted by: Signature: ________________________________ Name: ________________________________
Title: ________________________________
Date: ________________________________
June 20, 2022
Maverick Hospitality Inc and Trend Sports llc
c/o Michael J. Angus
Golf Course Design & Development
7077 East Marilyn Road, Suite 140
Scottsdale, Arizona 85254
Re: Amendment 2 to Cummings Curley and Associates Proposal No. 10188 City of Montebello P.O. No. 126
Dear Michael:

As you requested, we provide this additional fee proposal for the Montebello Campus 2020 Project .

This additional fee is based on providing value engineering revisions to the landscape set as per our discussion on June 17, 2022 to include but not limited to, removal of all Golf landscape including trees, elimination of the temporary even lawn area, all perimeter fencing to becoming an add alt, modifications to the Club House and the modification or elimination of all irrigation affected by the VE work.

Our additional fee for the revised scope of work shall be four thousand one hundred and ten dollars ($4,110.00).

Construction Plans:

Principal 15 hrs. @ $165.00 $2,475.00
CAD Operator 16.44 hrs @ $95.00 $1,562.50
Clerical 1.03 hrs. @ $70.00 $72.50
Total Fee: $4,110.00
If the description of work presented herein is agreeable, please Cummings Curley and Associates with a formal Agreement for signature.

Offered by,
CUMMINGS CURLEY AND ASSOCIATES, INC.

Robert L. Curley
President
Landscape Architect
1 7 0 0 P a c i f i c C o a s t H i g h w a y , S u i t e C , S e a l B e a c h , C a l i f o r n i a 9 0 7 4 0 T e l . 5 6 2 . 4 2 4 . 8 1 8 2 C F a x 5 6 2 . 4 2 4 . 8 1 8 1 C w w w . c u m m i n g s c u r l e y . c o m e s t a b l i s h e d 1 9 7 0
California 3583 • Arizona 30100 • Nevada 578 • Utah 377204 • Colorado 1559 • Texas 3337 • Washington 1069 • CLARB 913

AUTHORIZATION FOR CHANGE ORDER
TO: Sportfive ATTN: Michael Angus
7077 E. Marilyn Road DATE: June 16, 2022
Suite 140 PROJECT: City of Montebello GC Lakes #B960
Scottsdale, AZ 85254 C.O. AUTHORIZATION #: 02
The following design changes were not included in the original contract and our original design budget was exceeded. We are requesting authorization for additional budget.

Task 05 – Add an Existing Lake and Delete Hole 2 Lake $2,800

1. Delete the new lake at Hole 2 from lake plans.

2. Add new aeration and new fountains to an existing lake that was not part of the original scope of work.

3. New equipment for aeration and fountain will be in the existing equipment location, with a new electrical power supply to be provided by others.

4. Design changes will be completed in 2 to 3 days after receiving the authorization.

The Additional Amount of Compensation:

This Request - Change Order # 02: $2,800
Estimated By: ______________________________ 06-16-2022 Zirang Song, PE - PACE Date
AGREED TO AND ACCEPTED BY:

By_____________________________________ ___________
Sportfive Date
Ju
ne 20, 2022
C
ity of Montebello
Mr. James Enriquez, P.E.

Director / City Engineering
1600 W. Beverly Blvd.

Montebello, CA 90640
R
E: Amendment #9 – Reimbursable Expenses for Amendment #8 - Revised Plans with Reduced Scope / Value Engineering and Miscellaneous Engineering Items and Added Scope D
ear Mr. Enriquez,
A
ttached is Additional Work Proposal for estimated reimbursable expenses (travel, plan printing, etc) in association with Amendment #8 to preparing revised plans in order to meet City’s overall budget/cost for the Montebello Golf Course Project.

Th
is is for additional design and coordination services outside of the existing SportFive Agreement with the City of Montebello.

T
otal additional fee is $9,000. SportFive agrees to waive the additional five (5%) percent for coordination and management.

T
otal Fee for Amendment #9, Reimbursable Expenses for Amendment #8 - Revised Plans with Reduced Scope / Value Engineering and Miscellaneous Engineering Items and Added Scope - $9,000 I
f you have any questions, or require further information, please feel free to contact me any time.

S
incerely,
M
ichael Angus / SportFive

J
uly 27, 2022
Gabriel Perez
Principal-in-Charge
AIM Consulting Services
12121 Valley Boulevard, Ste 206
El Monte, CA 91732
E

NGAGEMENT LETTER FOR CONSULTANT SERVICES
SUBJECT: MONTEBELLO MUNICIPAL GOLF COURSE RENOVATION AND RELATED PROJECT – ADDITIONAL PROGRAM MANAGEMENT SERVICES
AGREEMENT NO. 3919
TASK NO. 3
The purpose of this Engagement Letter is for the City of Montebello (the “City”) to engage AIM Consulting Services (the “Consultant”) to provide program management services pursuant to terms and conditions of the Master Retainer Agreement (Agreement No. 3919) approved by the City Council on October 13, 2021 and entered into by and between the City of Montebello and Consultant, in the manner set forth in Exhibit A, “Scope of Services” of the Master Retainer Agreement.

The Scope of Work to be completed pursuant to this Engagement Letter and the cost breakdown are set forth in Exhibit A, attached hereto. The cost for performing the services under this Engagement Letter shall not exceed one hundred eighty-eight thousand eight hundred and forty one dollars ($188,841), without prior written approval. The charges and hourly rates shall not exceed those stated and in effect when the Master Retainer Agreement was approved on October 13, 2021 and as stated in the fee schedule attached hereto as Exhibit B.

Consultant acknowledges and agrees that the personnel assigned to this Project, as set forth in Exhibit A shall not be substituted unless prior written authorization is given by the Director of Public Works / City Engineer. Pursuant to Government Code 87300 et seq., Consultant has provided (for submittal to the City Clerk) a California Fair Political Practices Commission Statement of Economic Interest- Form 700 for each of each of its staff assigned to the Project.

By signing and returning this Engagement Letter, the authorized agent of the Consultant agrees to the provisions stated herein. The engagement of the Consultant for the services stated herein shall occur upon the execution of this letter by the Consultant and the Public Works Director pending issuance of a “Notice to Proceed.”

ATTACHMENT E

THE CITY OF MONTEBELLO

Recommended By:

AIM Consulting Services
By:

Its:

Rene Bobadilla, P.E.

City Manager

Date:

Approved By:

City Attorney

Date:

Exhibits:

A. Scope of Work/Services under Engagement Letter a nd Cost Breakdown B. Master Agreement Fee Schedule
Exhibit A

Scope of Work and Cost Breakdown

12121 Valley Boulevard, Ste 206 │ El Monte, CA 91732 │ 323.271.4602 │ www.AIMCSworld.com AIM Consulting Services

July 19, 2022

Mr. James Enriquez, P.E.

Director of Public Works / City Engineer
City of Montebello
1600 West Beverly Boulevard
Montebello, CA 90640 - 3932

RE: CITY OF MONTEBELLO ON-CALL PROGRAM/CONSTRUCTION MANAGEMENT SERVICES

MONTEBELLO MUNICIPAL GOLF COURSE RENOVATION AND RELATED PROJECTS

DESIGN TIME EXTENSION

Mr. Enriquez,

Attached for your review, please find the AIM Consulting Services request for time extension for the subject project. In accordance with our original proposal, AIM Consulting Services is requesting the budget amendment to reflect the design effort through to the procurement of the Construction Contractor for the three projects listed below and related coordination effort with Top Golf:

 Golf Course Civil Project
 Golf Course Project
 Golf Course Club House Project

THE AIMCS PROJECT/CONSTRUCTION MANAGER
For this assignment, AIMCS proposes Scott Burkett supported by Mike McAlpine – Project Construction Manager III for a NTE of 2080 hours @ $184.00 hourly rate. Scott’s duties include management and coordination of the Topgolf design-build team throughout the plan approval processIt is understood the assignment will be billed at an hourly basis and may include other related projects on the site.

In addition, AIMCS proposes Estimator III George Elkin for a total TBD @ $149.00 hourly rate. George’s responsibility includes development of on call program estimates and cost estimates of design documents through to the completion of construction documents for construction contract award.

The total proposed management services fee including estimating services is $188,841.40.

Attached for your consideration, please find the proposed staff resumes including:

Scott Burkett
Mike McAlpine
George Elkin.

The AIMCS team is ready committed to perform our services at the highest level of vision, integrity, innovation, and quality to meet and exceed your expectations. We will work diligently to meet project goals and call on our wide range of partnerships and relationships to address any project needs effectively and immediately.

We share the vision of serving our clients as the single point of contact to see a project through from beginning to end, and with AIMCS on your team, you can be certain our work will be conducted with sensitivity to our environment and to the finest professional standards. Should you have any questions, please feel free to contact me at (323) 271-4602.

Thank you for your consideration.

Sincerely,

Gabriel Perez
Principal-in-Charge
AIM Consulting Services
[email protected]

Elkin Construction Services Certified Professional Estimating 22P06AIMCS Montebello Municipal Golf Course Renovation Project – 100% Submittal.

18248 Rosita Street, Tarzana, CA. 91356 (818) 404-3241 Page 1 of 2 RE: PROPOSAL-22P06
July 20, 2022
Michael McAlpine
AIM Consulting Services
12121 Valley Boulevard Suite 206
El Monte, CA. 91732
Tel.: (626) 829-3389
[email protected]
[email protected]

Subject: Montebello Municipal Golf Course Renovation Project Cost Estimating Service- 100% Submittal
Dear Mr. G. Perez,

Following is the proposal to provide Cost Estimating Services for the above-referenced project.

The scope of services is as follows:

A. Estimate: Prepare an Independent Construction Cost estimate based on the documents that will be received on 7/22/22 per City approved the Golf Course new site plan and the work will be broken down between 2 contracts Civil GC and Golf Course GC.

The 100% Estimates will be presented in CSI breakdown format with appropriate unit price assemblies. The estimate will include the cost for general conditions, GC. Markups and design contingency.

Estimating Fees:

1. Prepare 100% Submittal Estimate - Golf Course GC ……$ 20,150

2. Prepare 100% Submittal Estimate- Civil GC. ……………$ 23,2500

3. Prepare Bid Form Breakdown Estimate - Golf Course GC. ……$ 3,720

4. Prepare Bid Form Breakdown Estimate - Civil GC. ……………$ 3,720 Total Estimated Fee of Cost Estimating Services (1-4): $ 50,840 Previously received set of drawings and specifications.

1. Montebello Irrigation Specs-Permit sett.pdf (53sheets);

2. 0051822 -GOLF_FOR PERMIT.pdf 13 sheets

3. 2022-05-18_Montebello Pub_SWR_1st Submittal (2 sheets);

4. Golf.Design.Specifications.Montebello.05.18.22.pd (28 pages);

5. B960-10 City of Montebello Golf Course - Lake Plans.pdf (2 sheets)

6. Golf.Course.Design.Plans.05.18.22.pdf (19 sheets)

7. B960-10 City of Montebello Golf Course - Lake Specifications.pdf (34pages)

8. 2022-05-18_Montebello GC Public SD_1st Submittal.pdf (12 sheets)

9. 2022-05-18_Montebello GC Public WA_1st Submittal.pdf (3 sheets) Elkin Construction Services Certified Professional Estimating 22P06AIMCS Montebello Municipal Golf Course Renovation Project – 100% Submittal.

18248 Rosita Street, Tarzana, CA. 91356 (818) 404-3241 Page 2 of 2

10. 2022-05-18_21-167 Clubhouse Grading_1ST Submittal.pdf (23 sheets) 11 Montebello Muni Golf Irrigation Plan Set.pdf (10 sheets) 12 2022-05-18_21-167 Clubhouse Grading_1ST Submittal Electrical Lighting forES.pdf

13. 22108_Electrical.pdf (4sheets)

14. Landscape Specs May 18 2022 Curley.pdf
The estimate will be delivered to AIMCS electronically in PDF format within 3 weeks of NTP.

The proposed fees include expenses incurred in the preparation of the estimate.

Exclusions
a) Reconciliation of the estimates (see additional services) b) Any estimates beyond that stated above
c) Any travel outside of the Los Angeles area
d) Any scheduling services
e) Other Cost estimates (outside of basic services)
B. Optional / As needed services:

1. Reconciliation of estimates prepared by others and attendance of reconciliation meetings – on an hourly basis (minimum 4 hours) at $175/Hr. or $ 700 C. Additional Services
Any services required in addition to Section A & B will be treated as additional services, and the following hourly rates will apply:

Principal $155/hr.

Senior Estimator MEP $145/hr.

Clerical Staff $60/hr.

Direct Project Expenses, at cost plus a 5% administration fee D. Additional Expenses
Any other costs/expenses, if specifically requested, such as travel outside of the Los Angeles area, special mailing services, reprinting of estimate reports of more than four copies, etc., will be invoiced at cost plus a 5% administration fee.

Payment
This proposal remains open for acceptance for a period of fifteen days , after which time we should be consulted for verification of scope and fees.

Again we appreciate the opportunity to be part of your team, and we are committed to making this project a success. If this proposal is acceptable, please issue a complete notice-to-proceed specifying agreement with the conditions of this proposal. If you have any questions, please call me at (818) 404-3241.

Sincerely,

George Elkin, CPE
Elkin Construction Services
Cell: 818 404 - 3241
[email protected]
To start with the preparation of the estimate, Elkin Construction Services needs to acknowledge and acceptance of this proposal by signing it below.

Accepted: _________________________________ Date: ________________________ Michael McAlpine, AIMCS

Elkin Construction Services Certified Professional Estimating 22P07 AIMCS Montebello Municipal Golf Course New Clubhouse Project - 100% Submittal.

18248 Rosita Street, Tarzana, CA. 91356 (818) 404-3241 Page 1 of 2 RE: PROPOSAL-22P07
July 20, 2022
Michael McAlpine
AIM Consulting Services
12121 Valley Boulevard Suite 206
El Monte, CA. 91732
Tel.: (626) 829-3389
[email protected]
[email protected]

Subject: Montebello Municipal Golf Course Clubhouse Project Cost Estimating Service- 100% Submittal

Dear Mr. G. Perez,

Following is the proposal to provide Cost Estimating Services for the above-referenced project.

The scope of services is as follows:

A. Estimate: Prepare an Independent Construction Cost estimate b ased on the documents we will receive on 8/16/22.

1. Montebello Club House – 202200816_100 P ackage.pdf (Assumed 75 Sheets) design by DOUGLAS FREDRIKSON ARCHITECTS.

A NEW MONTEBELLO GOLF CLUBHOUSE (3,143 SF), THE MAIN COMPONENTS OF

THE BUILDING WILL INCLUDE A RESTAURANT AND A PRO SHOP TO SERVICE THE GOLF COURSE. THE BUILDING WILL ALSO INCLUDE COVERED EXTERIOR PATIO SPACES (2,974SF), A SNACK BAR, A FULL-SERVICE KITCHE N, A DINING AREA, STAFF SPACES, AND CART STORAGE (4,138SF). GRAND TOTAL BUILDING AREA OF 10,426 SF
The 100% Estimate will be presented in CSI breakdown format with appropriate unit price assemblies. The estimate will include the cost for general conditions , GC. Markups, design contingency, escalation, response, and incorporation of the city comments.

Estimating Fees:

1. Prepare 100% Submittal Estimate with 3 additive options ………$ 26,660

2. Prepare Bid Form Breakdown Estimate ………………………….$ 2,480

Total Estimated Fee of Cost Estimating Service (1+2): $ 29,140

The estimate will be delivered to AIMCS electronically in PDF format within 2 weeks of NTP.

The proposed fees include expenses incurred in the preparation of the estimate.

Elkin Construction Services Certified Professional Estimating 22P07 AIMCS Montebello Municipal Golf Course New Clubhouse Project - 100% Submittal.

18248 Rosita Street, Tarzana, CA. 91356 (818) 404-3241 Page 2 of 2 B. Optional / As needed services:

1. Reconciliation of estimates prepared by others and attendance of reconciliation meetings – on an hourly basis (minimum 4 hours) at $175/Hr. or $ 700

C. Additional Services

Any services required in addition to Section A & B will be treated as additional services, and the following hourly rates will apply:

Principal $155/hr.

Senior Estimator MEP $145/hr.

Clerical Staff $60/hr.

Direct Project Expenses, at cost plus a 5% administration fee

D. Additional Expenses

Any other costs/expenses, if specifically requested, such as travel outside of the Los Angeles area, special mailing services, reprinting of estimate reports of more than four copies, etc., will be invoiced at a 5% administration fee.

Payment
This proposal remains open for acceptance for a period of fifteen days , after which time we should be consulted for verification of scope and fees.

Sincerely,

George Elkin, CPE
Elkin Construction Services
Cell: 818 404 - 3241
Fax: 818 343 - 0346
[email protected]

To start with the preparation of the estimate, Elkin Construction Services needs to acknowledge and acceptance of this proposal by signing it below.

Accepted: _________________________________ Date: ________________________ Michael McAlpine, AIMCS

Exhibit B

Master Agreement Fee Schedule

12121 Valley Boulevard, Ste 206 │ El Monte, CA 91732 │ 323.271.4602 │ www.AIMCSworld.com AIM Consulting Services

June 17, 2021

Mr. James Enriquez, P.E.

Director of Public Works / City Engineer
City of Montebello
1600 West Beverly Boulevard
Montebello, CA 90640 - 3932

RE: CITY OF MONTEBELLO ON-CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES RFP NO. 21-32 – SCHEDULE OF BILLING RATES

POSITION CLASSIFICATION RATE
Project / Construction Manager -I $ 145.00
Project / Construction Manager -II $ 163.00
Project / Construction Manager - III $ 184.00
Inspection MEP/Civil - I $ 108.00
Inspection MEP/Civil - II $ 125.00
Inspection MEP/Civil - III $ 138.00
Scheduler / Project Controls - I $ 112.00
Scheduler / Project Controls - II $ 133.00
Scheduler / Project Controls - III $ 143.00
Estimator - I $ 107.00
Estimator - II $ 128.00
Estimator - III $ 149.00
Office Engineer - Doc Control -I $ 66.00
Office Engineer - Doc Control - II $ 77.00
Office Engineer - Doc Control - III $ 89.00
Engineer MEP/Civil/Controls - I $ 112.00
Engineer MEP/Civil/Controls - II $ 133.00
Engineer MEP/Civil/Controls - III $ 143.00
Asset/Move Coordinator - I $ 112.00
Asset/Move Coordinator - II $ 122.00
Asset/Move Coordinator - III $ 138.00

Should you have any questions, please feel free to contact me at (323) 271-4602. Thank you for your consideration.

Sincerely,

Gabriel Perez
Principal-in-Charge
AIM Consulting Services
[email protected]

PROJECT AREA MAP

ATTACHMENT F
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SHEETOF
All ideas, designs, and arrangements indicated on these drawingsare intended to be used in connection with this specific projectonly and shall not otherwise be used for any purpose whatsoeverwithout the written consent of SportFive. There shall be nochanges or deviations from these drawings or the accompanyingspecifications without the written consent of SportFive.

MONTEBELLO MUNICIPAL GOLF COURSE MONTEBELLO, CALIFORNIARENOVATION PROJECT 219

GOLFCOURSESITE PLAN

GOLFCOURSEDESIGNPLANS

FUTURE GOLFMAINTENANCE

TOPGOLF

PARKING

GOLFCLUBHOUSEGOLFPARKINGEVENTLAWN

EXISTING LAKE

EXISTINGLAKEEXPANDEDLAKE

NEW ENTRY ROAD

VIA SAN CLEMENTE
EXISTINGHOME2 SUITESHOTEL

EXISTINGGOLF COURSEMAINTENANCE

EXISTINGQUIET CANNONEVENT FACILITYEXISTINGHILTONGARDEN INN

EXISTINGMONUMENT

VIA CAMPO
N. GARFIELD AVEPARKING
NORTH050100200300
MJAJune 17, 202222 - 01
SPORTFIVE7077 E. Marilyn Road, Suite 140Scottsdale, Arizona 85254(480) 483-9500 RICK SMITH4400 NW 87th AveDoral, Florida 33178(305) 591-6487 SIX-HOLE REVERSIBLE SHORT COURSEThe new six-hole “reversible” golf course is designed for fun and playersof all abilities. In addition to a relaxed, casual atmosphere, the newsix-hole course will help avid, more skilled golfers practice and improvetheir short game. There are six-holes that range from 50 yards to 90yards in length.The six-hole course was designed to play in two different direction,essentially being two golf courses in one. We refer to the two courseoptions as the Red Course and the Black Course. Perhaps, every weekthe course can be switched from the Red Course to the Black Course.This unique golf design will add intrigue, position itself in the industry asinnovative and fun, and also encourage golfers to return to play both theRed Course and Black Course options.This unique golf experience is inclusive for all, golfers of all abilities andnon-golfers. Being located near Topgolf, people on a wait-list for Topgolfmight be interested in playing this six-hole course. We estimate it can beplayed in under one hour. No cart paths on this course, a great walkableexperience to enjoy. For maximum playability and revenue the six-holecourse will be overhead lighted and potentially adding on-course music.The location of the six-hole course works well with the Golf Clubhouse.We recommend considering a small “Starter” type patio / gathering areaadjacent to Hole 1 tee, providing golf operations control and a greatatmosphere for post round enjoyment.Small synthetic turf tees are designed into the golf course. Because ofthe amount of play, and short wedge shots on each hole. Real turf teeswill not grow and be a maintenance issue. Also, the synthetic tees “guide”people where to play from and will increase efficiency in time of play. Inaddition, the synthetic tees will be more consistent playing surface and bemore casual and less intimidating for the beginner or non-golfer.The new six-hole golf course consists of approximate 6.3 acres ofirrigated turf area. The existing lake is proposed to expand to 1.2 acres.The lake expansion will add to the golf experience, provide a challenge,be memorable and be an added value to the new Entry Drive experience.All areas of the course will be reshaped and include synthetic tees, newbunkers and new greens. New golf course drainage will be installed andconnected to the existing in ground storm drainage system. All newefficient irrigation system will be installed, including both potable andreclaimed water options. All existing trees will be carefully reviewed anddetermined if appropriate to remain or be removed for playability andbetter turf conditions. Additional trees will be installed as needed. All newturf will be planted consisting of Kikuyu grass for tees, fairways and rough,and Bentgrass for all green surfaces.

NINE-HOLE GOLF COURSEThe new nine-hole golf course is designed for players of all abilities, withmultiple tees at various yardages. Bunker placement is dictated forchallenge of the avid, better golfer and not a beginner. Green sizes willbe larger for multiple pin options and best quality greens turf conditionspossible.The new routing of the golf course and sequence of golf holes wasdesigned for playability, enjoyment and safety. The golf course will beenjoyable and easy to walk. During the round, golfers will return to theGolf Clubhouse after Hole #4, eliminating a need for an on-courserestroom and increasing food and beverage sales.Options of playing a four-hole loop (Holes 1, 2, 3, 4) is provided.Beginners to the game of golf or people on a wait-list for Topgolf might beinterested in playing a four hole loop.The new nine-hole golf course consists of approximate 54.6 acres ofirrigated turf area. Two existing lakes are to remain and incorporated intothe new golf course. One existing lake will remain as a feature and viewfor the new Golf Clubhouse.All areas of the course will be reshaped and include all new tees andbunkers. New golf course drainage will be installed and connected to theexisting in ground storm drainage system. All new efficient irrigationsystem will be installed, including both potable and reclaimed wateroptions. Golf cart paths will be either continuous cart paths. All existingtrees will be carefully reviewed and determined if appropriate to remain orbe removed for playability and better turf conditions. Additional trees willbe installed as needed. All new turf will be planted consisting of Bermudagrass for tees, fairways and rough, and Bentgrass for all green surfaces.

HoleParYards 1 3 90 2 3 80 3 3 60 4 3 70 5 3 70 6 3 50Total 18 420 SIX-HOLE"Red" CourseHoleParYards 1 3 50 2 3 50 3 3 70 4 3 80 5 3 70 6 3 90Total 18 420 SIX-HOLE"Black" Course
NINE-HOLE GOLF COURSEHolePar Yards BlackBlueWhiteRed 1 5 505495485450 2 4 430420410390 3 4 355345335310 4 4 390380370350 5 3 225215205180 6 4 430420410390 7 4 365355345320 8 4 350340330315 9 3 135125115100 Total 353,1853,0953,0052,805 SIX-HOLE "REVERSIBLE" SHORT COURSE

EXISTING LAKE
ITEM #____

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: James Enriquez, Director of Public Works / City Engineer SUBJECT: Annual Concrete Repair Program (CP No. 891) – Engagement Letter for Construction Management and Inspection Services by Onward Engineering
DATE: August 1, 2022
RECOMMENDATIONS:

It is recommended that the City Council:
1) Award Task Order No. 3 via an Engagement Letter under Master Retainer Agreement No. 3920 with Onward Engineering for a not-to-exceed-fee of $83,100; and 2) Authorize the City Manager to execute the Agreement, on behalf of the City; and 3) Take such additional, related, action that may be desirable.

FISCAL IMPACT
As part of the Fiscal Year 2021-22 Capital Improvement Program (CIP) Budget, a total of $350,000 was allotted for this project, with the following amounts 1) $200,000 from Gas Tax (Fund 200), 2) $46,547 of TDA-3 funds (Fund 223); and 3) $103,453 of Measure R funds (Fund 222).

Additional funding in the amount of $1,400,000 is included in the Fiscal Year 2022-23 adopted CIP Budget for this project, allocated to the following funds: 1) $500,000 from Gas Tax, Fund 200; 2) $400,000 from Measure R, Fund 220; and 3) $500,000 from Road Maintenance and Rehabilitation Act (SB1), Fund 201.

The unspent funds from the FY 2021-
22 adopted CIP budget will be carried over to FY 2022-23, and added to the new appropriations included in the FY 2022-23 CIP budget, increasing total appropriations available to $1,750,000. (There have been no expenses towards the FY 2021-22 CIP budget for this project, therefore, the entire $350,000 amount is available, in addition to the $1.4 million for FY 2022-23.) .
12 CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF AUGUST 1, 2022 Annual Concrete Repair Program (CP No. 891) – Engagement Letter for Construction Management and Inspection Services by Onward Engineering

Page 2 of 3 ends

The project is fully funded at this time and no additional appropriations are recommended.

BACKGROUND

The Project includes removal and reconstruction of existing concrete sidewalks, curb and gutters, driveway approaches, and curb ramps citywide to meet ADA requirements.

On May 26, 2022 at 11:00 AM, five (5) bids were received and opened publicly. The bids were analyzed and CJ Concrete Construction , Inc. was determined to be the lowest responsive and responsible bidder. The City Council awarded a construction contract to CJ Concrete Construction, Inc. on June 8, 2022 in the amount of $1,208,926.

A concrete project of this magnitude and complexity requires full time o versight and management by the C ity. Management of the project will involve contract administration, construction management and inspection, utility coordination, labor compliance, material testing, and project close out services.

The recommended Engagement Letter with Onward Engineering will provide the required full- time management with an experienced manager that has successfully delivered numerous projects of this magnitude.

ANALYSIS

Onward Engineering was selected for the City’s On-call Construction Management/Inspection Bench List in response to RFP No. 21 -32, a qualification based selection. Master Retainer Agreement No. 3920 with Onward Engineering was approved by the City Council on October 13, 2021. The recommended Engagement Letter is Task No . 3 for Onward Engineering. The fee proposed by Onward Engineering is based on the contractual hourly rate, per the Master Retainer Agreement, for the staff that will be working on the project. Hours will be tracked monthly, and it is estimated that the work for the duration of the project will require a total of 678 labor hours resulting in a fee of $83,100.

The total amount allocated for this project in the Fiscal Year 2021 -22 and 2022-23 CIP Budget is $1,750,000 (combining unspent FY 2021 -22 funding and new FY 2022 -23 appropriations). A summary of the projected costs is as follows:

$ 83,100 Construction Management and Inspection
$ 1,208,926 Construction
$ 181,339 Contingency (15%)
$ 1,473,365 Total

Any remaining, unspent budget once the project is completed will be made available for other CIP projects. Subsequent budgets will re-program remaining funds to existing or new capital projects, as needed.

CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF AUGUST 1, 2022 Annual Concrete Repair Program (CP No. 891) – Engagement Letter for Construction Management and Inspection Services by Onward Engineering

Page 3 of 3 ends

ENVIRONMENTAL

On April 27, 2022, the City Council found the project categorically exempt pursuant to the State Guidelines for Implementation of the California Environmental Quality Act (CEQA) and approved the filling of the Notice of Exemption.

SUMMARY

Upon approval of the recommended actions, staff will execute the Engagement Letter with Onward Engineering and coordinate the completion of the Project. Sufficient appropriations exist in various funds listed above and, therefore, no budget amendments are required at this time.

ATTACHMENT:

A. Attachment A – Engagement Letter for Onward Engineering

July 27, 2022
Majdi Ataya
President
Onward Engineering
300 S Harbor Blvd, Suite 814
Anaheim, CA 92805
E

NGAGEMENT LETTER FOR CONSULTANT SERVICES
SUBJECT: CONSTRUCTION MANAGEMENT & INSPECTION SERVICES FOR THE ANNUAL CONCRETE REPAIR PROGRAM, FY 2021/2022 & 2022/2023 (CP No. 891) AGREEMENT NO. 3920
TASK NO. 3
The purpose of this Engagement Letter is for the City of Montebello (the “City”) to engage Onward Engineering (the “Consultant”) to provide construction management and inspection services pursuant to terms and conditions of the Master Retainer Agreement (Agreement No. 3920) approved by the City Council on October 13, 2021 and entered into by and between the City of Montebello and Consultant, in the manner set forth in Exhibit A, “Scope of Services” of the Master Retainer Agreement.

The Scope of Work to be completed pursuant to this Engagement Letter and the cost breakdown are set forth in Exhibit A, attached hereto. The cost for performing the services under this Engagement Letter shall not exceed eighty-one thousand and one hundred dollars ($83,100), without prior written approval. The charges and hourly rates shall not exceed those stated and in effect when the Master Retainer Agreement was approved on October 13, 2021 and as stated in the fee schedule attached hereto as Exhibit B.

ATTACHMENT A

THE CITY OF MONTEBELLO

Recommended By:

Onward Engineering
By:

Its:

Rene Bobadilla, P.E.

City Manager

Date:

Approved By:

City Attorney

Date:

Exhibits:

A. Scope of Work/Services under Engagement Letter a nd Cost Breakdown B. Master Agreement Fee Schedule
Exhibit A

Scope of Work and Cost Breakdown

design smarter. build better.
300 S. Harbor Blvd.

Suite 814
Anaheim, CA 92805
(714) 533.3050
www.oe-eng.com
June 15, 2022Samantha Chenelia, Assistant
Engineer Public Works Department
City of Montebello
1600 W Beverly Blvd.

Montebello, CA 90640
SUBJECT: lETTE r P rOPO SAl TO P rOVI DE ThE CiTy Of MONTEBE llO WIT h CON STrUCTI ON MANAGEMENT & INSPECTION SErVICES fOr ThE annual concrete repair program fy 2021/2022 & 2022/2023 c.p. no. 891
Onward Engineering (OE) is pleased to present this letter proposal to the City of Montebello for construction management and inspection services for the Annual Concrete Repair Program FY 2021/2022 & 2022/2023 C.P. No. 891 Project. The work includes 46 curb ramps, 2,466 linear feet of curb and gutter, 12,776 square feet of driveway replacement,
and 41,710 square feet of sidewalk replacement.

Our team is led by our experienced Registered Engineer, Construction Manager, and U nited States Army Veteran Ludy Smeets, PE. Ludy has over 39 years of experience, and provides hands on management services. As a registered Civil Engineer, he also understands the design aspect, and is an excellent resource to advocate on behalf of the City of Montebello. Ludy has completed multiple projects for the City of Montebello, including the Arroyo Drive Rehabilitation Proje ct, the N. Concourse Avenue Street Improvement Project, and the Various Streets Improvement Project. Ludy will be the point of contact as the CM , giving the City continuity and seamless progress. Ludy will manage Je ff Eaton, who is the proposed construction inspector for this project. Jeff has over 35 years of experience, including 11 years of inspection for the County of Orange. His meticulous notes and attention to detail will make him an excellent fit for the City on this project.

Fee
PrOPOsAL
60 WORKING

DAY SCHEDULE

CONSTRUCTION MANAGER CONSTRUCTION INSPECTOR
3 Hours Per Day
10 hours
for Pre-Construction
190 Hours
at $142 Per Hour
$26,980 total
8 Hours Per Day
8 hours
for Pre-Construction
488 Hours
at $115 Per Hour
$56,120 total
OE pays all of our inspectors prevailing wage rates, in compliance with the requirements set forth by the Department of Industrial Relations (DIR) $83,100.00
grAnd tOtAL

EXHIBIT A
I would like t o thank the City of Montebello for t he opportunity to submit our letter proposal. I will act as the Principal-I n-Charge for this project . My time in Public Works as a former City Engineer and Deputy Direct or of Public Works means I know what public-sect or Clients want. I will diligently act as your advoca te and as an extension of your staff. If you have any questions or require additional information, please feel free to contact me at: (714) 533-3050, or by email, at: mata [email protected]. We look forward to continuing our successful rela tionship with t he City of Montebello and we thank you for the opportunity to serve you and your City.

Thank you,
Majdi Ataya, PE
President, Onward Engineering
QUAlIfICATIONS
39 Years Of Experience
BS CiVil ENGiNEEr iNG, 1 979
California State University, Long Beach
MA MIlITAry S CIENCE, 1990
Agricultural & Mechanics University
US ArMy, 19 89
Command & General Staff College
PE #37221
Registered Civil Engineer
APWA MEMBEr
American Public Works Association
ASCE MEMBE r
American Society of Civil Engineers
NSPE MEMBE r
National Society Professional Engineers
SAME MEMBE r
Society of American Military Engineers
fiElDS Of ExPErTiSE

ROADWAY

DRAINAGE
SIGNAL
WATER

ADA RAMP

PAVEMENT
Ludwig “Lu dy” sme ets, PE
construction manager
BACKGrOUND
Ludy has over 39 years of civil engineering experience with focus on Construction Management, as well as Project Management. He also has experience in the design of civil engineering projects such as street, sewer, water, and storm drain projects. Ludy has management level experience working in public works departments in cities throughout Southern California. His experience includes public agency budgeting, project implementation, project design, PS&E development, contract bidding, award administration, construction management and project closure reporting. He has selected, directed and managed consultants, architects and engineers as required in order to meet public works department goals and objectives. He has supervised and trained city staff junior engineers. His many responsibilities included providing project management for federally funded and state funded projects.

ExPErIENCE
ArrOyO DrI VE IMPrOV EMENT PrOJ ECT
The City of mOntebeLLO
Ludy provided full Construction Management and Inspection Services to the City of Montebello on the Arroyo Drive Improvement Project. The project limits are on Arroyo Drive from Astra Drive to Glen Avenue. This project includes pavement rehabilitation (2”-3” grind and overlay), ADA ramp, curb and gutter, and driveway repairs, storm drain improvements, and associated improvements. The budget for this project is $1,239,085 made up of STPL Funds ($1,063,000) Measure R ($146,045) and Prop C ($30,040) funds, and full compliance with all applicable requirements was essential. The project limits on the north side are adjacent to the back-lot of St. Joseph’s Salesian Youth Retreat Center and Don Bosco Technical Institute. Coordination for parking access was vital. The Astra Drive neighborhood (cul-de-sac) and Potrero Heights Park and Community & Senior Center at the west end of the project limits also required coordination, since the parking lot and residential neighborhoods can only be accessed from Arroyo Drive.

STrE ET & S lUrry S EAl rEhAB IlIT ATION - PHASE III
The City of LAgunA beAch
Ludy lent his skills in providing full Construction Management and Inspection Services for the City of Laguna Beach on Phase III of the Street and Slurry Seal Rehabilitation Project, The project covered the span of three phases in three years. The project limits for included two areas: Area A-Coast Royal, and Area B-South Laguna Village. These areas are in South Laguna Beach, from the neighborhoods between West Street and 10th Avenue/Sunset Avenue. The work included variable grind and overlay in some areas, and Type I Slurry Seal in other areas, along with new traffic signal poles. Lastly, the project encompassed parkway and curb and gutter improvements, and signage and striping.

Due to local residents, OE provided an informative Web Page, Web Maps and a Telephone Hotline for updates and information.

Resume of Ludy Smeets
Construction Management & Inspection Services for the N. Concourse Ave.

Street Improvement Project, FY 2020/2021 (CP No. 880)
for The City of Montebello
300 S. Harbor Blvd.

Suite 814
Anaheim, CA. 92805
3 Resume of Ludy Smeets
Construction Management & Inspection Services for the N. Concourse Ave.

Street Improvement Project, FY 2020/2021 (CP No. 880)
for The City of Montebello
300 S. Harbor Blvd.

Suite 814
Anaheim, CA. 92805
4 SlUrr y SEAl NON-ArT Er IAl STr EETS, ZONE B
The City of LAke FOres t
Ludy expedited his expertise in providing Construction Management and Inspection services for the City of Lake Forest on the Slurry Seal Non-Arterial Streets, Zone B Project. The intent of the project was to rehabilitate several streets within the City. The Scope of Work included identifying locations for 2” grind and overlay, as well as 4” dig- outs. The remaining streets were slated for slurry seal for Zone B (non-Arterial Streets).

VINEyAr D AVENUE AT SAN BEr NAr DINO rO AD TrAf fI C SIGNAl MODIfI CATION The City of rAnc h O c ucAmO ngA
Ludy provided Construction Management services on this project in the City of Rancho Cucamonga, which entailed traffic signal modifications at the intersection of Vineyard Avenue and San Bernardino Road for removing three pull boxes, abandoning existing footing, removing and salvaging existing signal cabinet and relocating traffic signal equipment into new cabinet, furnishing and installing one Type 1-A pole and 4” PVC conduit, installing three #6 pull boxes, one #6E pull box, and one N40 pull box, furnishing and installing Econolite Cobalt ATC Controller, Type R signal controller cabinet with new foundation, side mounted CBS-127 cabinet shell, and installing Tomar Emergency Vehicle Preemption Detector and cabling. The Contractor was also tasked with replacing existing incandescent lights with new LED signal indicators, pulling new wires, potholing, and traffic control. 19Th STr EET TrAf fI C CAlM ING PrO JECT
The City of cOstA mesA
Ludy served as both Design and Construct Manager for the City of Costa Mesa on this 19th Street Traffic Calming CIP Project. The project limits were located at 19th Street between Fullerton Avenue and Irvine Avenue. The scope of work involved landscaped chokers at the intersections, landscaped medians at at Fullerton Avenue and Irvine Avenue entry points, install entry monument signs at Fullerton Avenue and Irvine Avenue, and reduce the street width by 4 feet. Broadway was the widest neighborhood street at a width of 50 ft. from curb to curb at Fullerton Avenue and Tustin Avenue. As a result of this $855, 700 Federal Safe Route to School Grant project, speeding was reduced by about 5 mph along with a reduction in vehicle accidents.

BAl l rO AD & SUNKIST ST r EET INTErS ECTION WIDENING & rO ADWAy IMPrO VEMENTS The City of AnAh eim
Ludy provided Construction Management services to the City of Anaheim on the Ball Road and Sunkist Street Intersection Widening & Roadway Improvements Project. Ball Road and Sunkist Street are designated as Primary and Secondary arterials, respectively, on the County’s Master Plan of Arterial Highways (MPAH). Ball Road was striped for 1 dual left and 3 through lanes in the eastbound direction and 2 left, 2 through and 1 right – turn lane in the westbound direction of travel. Sunkist Street was striped for a single left and 2 through lanes per direction of travel. 4 public schools are located on or adjacent to Sunkist Street within the 1 mile stretch between Ball Road and South Street. The Design Phase consisted of the preparation of the contract plans, specifications and estimates for the improvement of the project. The Construction Phase consisted of excavation, clearing and grubbing, placement of new AC pavement, construction of concrete curb and gutter, driveways and access ramps, construction of concrete sidewalks, storm drain modifications, relocation of existing facilities, construction of a concrete bus pad, traffic signal modifications, striping, and CMU wall relocation and landscaping. Proposed landscaping along the project roadways included drought-tolerant and low-maintenance plantings and trees.

The Right-of-way Phase consisted of the acquisition of 9 partial takes totaling approximately 3,661 square feet and 11 Temporary Construction Easements totaling approximately 2,661 square feet of right-of-way. The length of these improvements was 0.44 centerline miles. Traffic to the schools, as well as traffic to and from the adjacent SR-57 freeway, resulted in a southbound left turn demand in the AM peak period that neared 500 vehicles. The intersection operated at service level “C” during the PM peak hours. The project corrected operational deficiencies at this intersection by widening Sunkist Street by 5 ft. along each of the east and west curbs, north and south of the intersection. This provided a dual southbound left-turn lane on Sunkist Street. In addition, the project widened Ball Road at the Sunkist Street intersection, providing an exclusive westbound right turn lane while converting the lane to a third westbound through lane. The proposed 3rd west bound thru lane mitigated vehicular queuing that consistently backed up to SR-57 southbound off-ramp during PM peak hours. With these improvements in place, the intersection service level improved from “D” (0.81) to “B” (0.64) during the PM peak hour. 1 Jeffrey P. Eaton
Experienced construction inspector with over 35 years of experience in public works construction for the County of Orange, including 11+ years as a construction inspector for County capital improvement projects, encroachment permits, subdivisions, job order contracts, and a Caltrans project. Qualified SWPPP Practitioner (QSP). Previous experience with public works includes testing and inspecting construction materi als, geotechnical investigation, and pavement design and rehabilitation.

Obtained an AS degree in Construction Management. Proficient in Microsoft Office, Box, Blue Beam, Adobe Acrobat.

Education
• California State University, Fullerton, Fullerton, CA 3 years of study (2001 – 2004)
Computer Science Major
• Santiago Canyon College
Received Associate of Science degree in Construction Management in 2015.

Experience
May, 2013 – December, 2021
Senior Construction Inspector | County of Orange, Construction Division | Santa Ana Inspected Capital Improvement Projects for County of Orange Public Works (OCPW). This includes arterial highway construction, storm drain construction, slurry seal, asphalt concrete overlay, landscaping, flood control construction, and structural concrete. I also reviewed plans, special provisions, and estimates for various types of projects. Wrote contract change orders, prepared progress payments with quantity calculations, reviewed contract submittals and RFI’s, reviewed extra work bills, prepared weekly statement of working days, and produced daily inspection reports. Conducted preconstruction meetings and weekly progress meetings. Also inspected Job Order Contracting maintenance projects. Performed NPDES compliance inspections on all projects.
2 August, 2018 to December, 2021 – Lead Inspector on Oso Parkway Bridge at SR 241 (Caltrans specifications). Project involved inspection of temporary traffic control, paving, grading, storm drain, traffic signals, striping, post construction BMP’s, temporary BMP’s, concrete barrier, Midwest Guardrail System, overhead sign structures, roadside signs, toll road booth structure removal, toll plaza construction (with jointed plane concrete pavement), bridge pile driving, temporary soil nail shoring, bridge abutment, bridge approach slab, assisted structure inspector in bridge construction inspection. Wrote daily inspection reports, prepared weekly statement of working days, prepared monthly progress payments, reviewed submittals and RFI’s, maintained spreadsheets on progress payments, quantities, change orders, submittals, and RFI’s. Reviewed extra work bills. Maintained a professional working relationship with the Resident Engineer, Structure Inspector, Caltrans Permit Coordinator, Transportation Corridor Agency, Design Engineer, and the general public.

August, 2017 to January, 2018 – Lead Inspector on Slurry Seal of Crown Valley Parkway and Oso Parkway. Project involved slurry seal (REAS) application, temporary traffic control, pavement removal and replacement, and temporary BMP’s.

July, 2016 to March, 2017 – Inspected Dana Point Harbor Drive at Puerto Place and Casitas Drive. Project involved widening Puerto Place, demolishing County office building and constructing parking lot, installing post-construction BMP’s, installing traffic signal at Casitas Place.

November, 2015 to February, 2016 – Lead inspector on Dredging of Dana Point Harbor. Project included inspecting dredging within Dana Point Harbor, installation and removal of temporary pipeline from the harbor to Capistrano Beach for sediment deposit, grading of dredged material at Capistrano Beach and Baby Beach (DPH), coordinating with OC Survey on calculating quantities, inspecting temporary BMP’s.

October, 2015 – Lead Inspector of Dana Point Harbor Parking Lot Overlay (Job Order Contract).

Project included pavement and curb removal and replacement, AC overlay, striping, and temporary BMP’s.

July, 2015 to September, 2015 – Lead Inspector of Overlay of Various Streets in North Tustin (Job Order Contract). Project included pavement and curb and gutter removal and replacement, AC overlay, striping, temporary traffic control, and temporary BMP’s.

August, 2013 to July, 2015 – Lead Inspector of Trabuco Creek Phase VII. Project included steel sheet pile installation (5,000+ LF), bike trail construction, CMU walls, down drain, and cable fence.

February, 2013 to June, 2013 – Lead Inspector of Slurry Seal of Various Streets in the County of Orange. Project involved slurry seal application, temporary traffic control, pavement removal and replacement, and temporary BMP’s.
3 November, 2010 – May, 2013
Construction Inspector | County of Orange, Construction Division | Santa Ana Inspected public works construction for work in County Right-of-Way for County Property Permits.

This includes inspecting various permits for homeowners, utility companies, developers, and businesses. I also review engineered plans for permit construction and I am well versed in using the County's CPP system.

Inspected Subdivision work for County of Orange. This includes curb and gutter, sidewalk, paving, storm drain, catch basins, landscaping, grading, and utility installment.

Perform grading inspections in subdivision construction and private property. This includes inspecting mass grading in subdivision, retaining walls, and building foundations. Review certificates of compliance from engineers and contractors. Review grading plans and geotechnical reports. Perform daily entries into the department's APPS system.

Performed NPDES compliance inspections on all projects.

February, 2006 – November, 2010
Supervising Engineering Technician II | County of Orange, Construction Division | Santa Ana
Supervised Engineering Technicians performing pavement analysis and investigations; performed pavement analysis using ground penetrating radar and falling weight deflectometer; designed overlay thicknesses for County resurfacing projects. Reviewed plans and specifications for County public works projects. Wrote geotechnical and materials reports for the county geotechnical engineer, which includes design by County standard plans and Greenbook specifications. Designed traffic control plans using the MUTCD. Performed geotechnical investigations with field techniques such as drilling, site reconnaissance, and visual inspection.

Assisted the geotechnical engineer and engineering geologist in inspecting the Seven Oaks Dam periodically from a geotechnical point of view.
4 February 2001 – February 2006
Supervising Engineering Technician I | County of Orange, Construction Division | Santa Ana
Supervised Engineering Technicians performing field density tests and laboratory maximum densities for public works construction. Designed database for keeping track of samples for the Materials Laboratory. Served on Internet Steering Committee for RDMD.

June, 1992 – February 2001
Engineering Technician III | County of Orange, Construction Division | Santa Ana Evaluated, analyzed, and designed road structural sections for rehabilitation; wrote Materials Reports for geotechnical projects, subdivisions, and arterial highways; wrote street rehabilitation reports for county and city road projects, including strategies for rehabilitation; mapped removals and replacements, including measuring quantities; designed and implemented various computer applications; drafted boring logs, project exhibits, and maps; performed engineering calculations.

December, 1988 – June, 1992
Engineering Technician I | County of Orange, Construction Division | Santa Ana Inspected the manufacture of PCC, Aggregate Base, Asphalt Concrete, and RSP for compliance with the Green Book, OC Standard Plans, and Project Special Provisions. Inspected cement and lime stabilization. Performed PCC slump tests and PCC cylinder fabrication. Witnessed RCP D- Load testing.

September, 1986 – December, 1988
Engineering Aid I/II/III | County of Orange, Construction Division | Santa Ana Performed soils compaction tests on county public works projects with nuclear gauge; performed maximum density tests for calculating Relative Compaction (CTM 216, CTM 231, CTM 375, ASTM 1557). Performed various physical and chemical tests on construction materials and soils including Sand Equivalent, Cleanness Value, Specific Gravity, Gradation, Sulfate Content, Calcium Oxide Content, and Compressive Strength Tests for Concrete Samples. Also spent one month as a surveying aid.

Exhibit B
Master Agreement Fee Schedule
billing rates
City of Montebello
On-Call Construction Management and Inspection Services RFP No. 21-32

SCHEDULE OF BILLING RATES
pRiNCipAL
in-charge
$150
HOURLY
CONSTRUCT iON
manager
$142
HOURLY
CONSTRUCT iON
inspector
$115
HOURLY
$150 $180

OVERTIME DOUBLE OT
COmmUNiTy
coordina tor
$75
HOURLY
CiTy
eng Ineer
$150
HOURLY

TRAFFIC
eng Ineer
$150
HOURLY
pERmiT
technician
$50
HOURLY
pLAN
checker
$110
HOURLY
CLER iCAL
st aff
$55
HOURLY
pROjECT
manager
$135
HOURLY
pROjECT
eng Ineer
$115
HOURLY
*OE pays all construction inspections prevailing wage in compliance with the requirements of the Department of Industrial Relations (DIR).

ITEM #____

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: James Enriquez, Director of Public Works / City Engineer SUBJECT: Approve Material Recovery Facilities (MRF) Use Agreement No. 4010 with Arakelian Enterprises, Inc. (DBA Athens Services)
DATE: August 1, 2022
RECOMMENDATIONS:

It is recommended that the City Council:
1) Approve the Material Recovery Facilities (MRF) Use Agreement (Attachment A) with Arakelian Enterprises, Inc. (DBA Athens Services); and 2) Authorize the Mayor to execute the agreement on behalf of the City; and 3) Take such additional, related, action that may be desirable.

FISCAL IMPACT
Athens Services shall pay the City a fee of five dollars ($5.00) per ton of solid waste that is generated in the City and delivered by any Franchise Waste Hauler to any Athens MRF.

The minimum anticipated annual payment to the City is $350,000 for the residential waste stream, but can exceed this amount depending on the tonnage of waste generated by residential customers and the number of commercial franchise haulers that choose to utilize the Athens MRF. Utilization by commercial haulers is not required, but will be encouraged in order to facilitate State-mandated diversion and reporting requirements by all haulers.

The Fiscal Year 2022-23 budget did not anticipate this additional revenue at the time of adoption. This additional revenue will be recorded in the General Fund as solid waste franchise revenue. Subsequent quarterly budget updates will include the $350,000 in projected additional General Fund revenue, and Staff will monitor trends to determine the 13 CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF AUGUST 1, 2022 Approve Material Recovery Facilities (MRF) Use Agreement No. 4010 with Arakelian Enterprises, Inc. (DBA Athens Services)

Page 2 of 4 ends

actual amount to be received. Should commercial waste haulers avail themselves of Athens MRF, the General Fund will receive additional revenue above the $350,000 forecasted for residential organic waste.

BACKGROUND

California Senate Bill No. 1383 (SB 1383) was signed into law on September 19, 2016 to reduce organic waste disposal by 75% and increase edible food recovery by 20%, by 2025. SB 1383 is the most significant waste reduction mandate adopted in the State of California in the last 30 years and required all jurisdictions to implement a mandatory organic recycling ordinance by January 1, 2022. This legislation requires all customers to comply with recycling programs that capture food scraps, landscaping waste , and other organic waste materials.

As a result of SB 1383, the California Department of Resources Recycling and Recovery (CalRecycle), which is the state department tasked with administering California's waste and recycling programs, developed prescript ive regulations to achieve the State's outlined organic waste disposal goals by 2025. Over the last two (2) years, CalRecycle conducted informal hearings with local governments and stakeholders to develop regulations to achieve the State's organic waste reduction mandates. In November 2020, CalRecycle released the final regulations for SB 1383.

SB 1383 builds upon Assembly Bill 1826 (AB 1826), which previously went into effect on April 1, 2016. AB 1826 required any business generating two or more cubic yards of solid organic waste per week, and multi-family properties with five or more units, to recycle their organic waste (under AB 1826, multi -family properties are only required to recycle landscape debris). Additionally, AB 1826 required the City to implement an organic waste recycling program that included identifying non-compliant businesses that are required to recycle organic waste and notifying the businesses of these requirements.

On December 8, 2021, prior to the January 1, 2022 State deadline, the City Council adopted Urgency Ordinance No. 2445 amending the Montebello Municipal Code enacting a new Chapter 8.13 “Organic Waste Disposal Reduction” in compliance with SB 1383.

The ordinance is an enforcement ordinance to compel commercial businesses and residents to recycle organic waste and to comply with other requirements of SB 1383, including required periodic reporting by haulers to CalRecycle demonstrating compliance with waste diversion requirements.

While the City hopes to gain voluntary complia nce from residents and businesses, SB 1383 regulations provide CalRecycle with the ability to engage in enforcement actions of its own against the City if the designated level of compliance is not met. These actions may include:

 Conducting more frequent inspections;
CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF AUGUST 1, 2022 Approve Material Recovery Facilities (MRF) Use Agreement No. 4010 with Arakelian Enterprises, Inc. (DBA Athens Services)

Page 3 of 4 ends

 Taking over direct enforcement on non-compliant businesses within the City;  Establishing a schedule for City compliance and a probationary period, requiring a work plan and that the jurisdiction demonstrate it has sufficient staffing to implement the requirements of the law; and/or
 Seeking administrative penalties against the City of up to $10,000 per day.

Staff has been in frequent communication with CalRecycle staff who are monitoring the City’s path toward compliance. CalRecycle set a deadline for compliance by July 2022.

ANALYSIS

Arakelian Enterprises, Inc. (DBA Athens Services) (“Athens Services”) currently serves as the City’s solid waste hauler for residential waste for properties with four dwelling units or fewer. In accordance with Agreement No. 3740 (executed on February 10, 2020), this service ends on February 11, 2025, at which time the City will have conducted a Request for Proposals (RFP) for a residential waste hauling franchise agreement.

Irrespective of the RFP process, the recommended MRF agreement with Athens Services will ensure immediate and uninterrupted compliance with SB 1383 for the residential waste stream, as well as all other State -mandated waste diversion requirements, upon execution. It will also immediately provide a convenient and economical option for all commercial waste haulers to comply with the organic waste collection and diversion requirements of SB 1383.

The main deal points of the recommended MRF agreement are summarized as follows:

 Residential Organic Waste Collection Fee Forbearance: The increase in monthly fee for residential customers for organic waste collection will be waived upon the execution of the recommended MRF agreement (subject to penalty payments by the City if the MRF agreement is terminated prior to February 11, 2025). The residential fee that will be waived was estimated at $2.02 per month for each residential property.
 Payment to City: Athens Services shall pay the City a fee of five dollars ($5.00) per ton of solid waste that is generated in the City and delivered by any Franchise Waste Hauler to any Athens MRF. The minimum anticipated annual payment to the City is $350,000 for the residential waste stream, but can exceed this amount depending on the tonnage of waste generated by residential customers and the number of commercial franchise haulers that choose to utilize the Athens MRF.

Utilization by commercial haulers is not required, but will be encouraged in order to facilitate State-mandated diversion and reporting requirements by all haulers.  Capacity Guarantee: Athens Services will ensure capacity and will accept at its MRF all solid waste (excluding hazardous/toxic waste) delivered by the City or its Franchised Haulers, including commercial haulers, and including all waste streams (mixed waste, organic, and recyclables).

CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF AUGUST 1, 2022 Approve Material Recovery Facilities (MRF) Use Agreement No. 4010 with Arakelian Enterprises, Inc. (DBA Athens Services)

Page 4 of 4 ends

 Commercial Organic Waste: Commercial haulers will have the option to dispose of organic waste at the Athens Services’ MRF at the rate of one hundred ten dollars per ton ($125/ton). (This rate would be effective between 7/1/22 through 6/30/23).  Reporting: Athens Services will generate all reports required under applicable State and local laws and ordinances for all City waste delivered to and processed at its MRFs.
 Term: Ten (10) years beginning on August 1, 2022, provided, however, that commencing August 1, 2022, and on August 1st every year thereafter, automatic one-year extensions shall be applied to this Agreement so that the term of this Agreement shall thereafter remain at a constant ten (10) years , unless sooner terminated.
 Delivery of Covered Waste: During the term of this agreement, the City shall deliver or cause to be delivered to the Athens MRF all solid waste generated at residential properties (single -family dwellings and multifamily dwellings of four units or less).
 Forbearance Reimbursement: In the event the City issues an effective Notice of Intent to Terminate or City terminates this Agreement prior to February 11, 2025, or the Agreement is otherwise deemed terminated, void, or enjoined by a court of competent jurisdiction, the City shall immediately tender payment to Contractor in an amount equal to $2.02 per each single-family dwelling and multifamily dwelling of four units or less in the City per month for a period of thirty-six (36) months.

SUMMARY

Upon the approval of the City Council of the recommended actions, staff will coordinate the execution of the agreement and implementation of SB 1383 programs and services with Athens Services. This includes public outreach to residential and commercial properties with educational material regarding SB 1383 organic waste collection requirements and services. Staff will also contact Commercial Franchise Waste Haulers to coordinate compliance with SB 1383 requirements. Commercial Haulers will have the option to utilize the Athens MRF, which will assist with compliance, or will be required to submit an individual plan for compliance. Those haulers that do not comply will be subject to corrective actions, up to and including revocation of franchise hauling agreements.

ATTACHMENT:

A. Attachment A – MRF Agreement No. 4010 with Athens Services

-1-
MATERIAL RECOVERY FACILITIES (MRF) USE AGREEMENT NO. 4010

BETWEEN CITY OF MONTEBELLO
AND
ARAKELIAN ENTERPRISES, INC. DBA ATHENS SERVICES
This Material Recovery Facilities Use Agreement (“Agreement”) is entered on August 1, 2022 (“Effective Date”), by and between the City of Montebello, a general law city (“City”), and Arakelian Enterprises, Inc. dba Athens Services, a California corporation (“Contractor”). City and Contractor may be individually referred to as “Party” and collectively as “Parties.”

RECITALS
WHEREAS, the Legislature of the State of California, by enactment of California Public Resources Code § 40000 et seq., declares that it is within the public interest to authorize and require local agencies to make adequate provision for solid waste handling within their jurisdictions, and Public Resources Code § 40059 provides municipalities with latitude to enter into agreements to advance local objectives with regard to solid waste handling services; WHEREAS, the City contracts or may contract for, or otherwise issues permits allowing for, the collection of solid waste generated within the boundaries of the City with certain solid waste haulers (“Franchised Haulers”), and the City has the authority to direct or encourage Franchised Haulers as well as residents and businesses engaged in self-hauling to transport solid waste generated within the City to designated waste processing facilities in a manner consistent with the protection of public health and safety;
WHEREAS, the Contractor owns and operates material recovery facilities in the cities of Industry and Irwindale, which are proximate to the boundaries of the City, may own or operate additional material recovery facilities in the future, or utilize material recovery facilities not owned by Contractor to accept City waste (collectively, “Contractor MRFs”); WHEREAS, the Contractor wishes to enter into an agreement with the City to accept non- hazardous solid waste generated in the City at the Contractor MRFs, subject to the provisions of this Agreement, and the City desires to encourage the delivery of such waste to Contractor MRFs in exchange for fees paid to the City based on the total tonnage of City waste delivered to Contractor MRFs; and
WHEREAS, the City has determined that the execution of this Agreement by the City is in the best interests of the City and will serve the public health, safety and welfare of the City by providing greater waste diversion in accordance with state law, more predictable and reliable long- term processing service, and the continuation of sound environmental management.

NOW, THEREFORE, in consideration of the promises and of the mutual covenants and agreements herein set forth, and of the undertakings of each Party to the other, the Parties do hereby promise and agree as set forth below.

ATTACHMENT A

-2-

AGREEMENT

1. Term. The term of the Agreement shall be ten (10) years beginning on August 1, 2022, provided, however, that commencing August 1, 2022, and on August 1st every year thereafter, automatic one-year extensions shall be applied to this Agreement so that the term of this Agreement shall thereafter remain at a constan t ten (10) years unless sooner terminated in accordance with Section 10 of this Agreement (“Term ”). Notwithstanding the foregoing, should either Party desire that said one-year renewal and extension provision be terminated, such Party may give the other written notice of such terminati on sixty (60) days prior to August 1st of any year during which this Agreement is in full force a nd effect (“Notice of Intent to Terminate”).

Such Notice of Intent to Terminate will terminate t he one-year renewal and extension provision, and the Agreement shall remain in full force and effect for ten (10) years. Within thirty (30) days after receipt of a Notice of Intent to Terminate, e ither Party may request to meet and confer regarding the termination, and any Notice of Intent to Terminate shall not be effective unless the Party which sent the notice of termination meets an d confers, in good faith, with the other Party after the other Party’s timely request to do so. T he Party which sent the Notice of Intent to Terminate shall provide a supplemental written noti ce to the non-terminating party at the end of the meet-and-confer process which must be no later than fifteen (15) days prior to August 1st of the year a Party elects to terminate the one-year r enewal and extension provision. Any notice of termination shall not be effective until the delivery of timely notice recording the end of the meet- and-confer process.

2. Residential Food Waste Program Fee. As of the Effective Date, Contractor and City are party to that certain Agreement No. 668, a s amended by that certain Amendment No. 1 dated September 22, 1986, that certain Amendment No . 2 dated October 10, 1989, that certain Amendment No. 3 dated December 8, 1992, that certai n Amendment No. 4 dated July 5, 1994, and which is anticipated to be amended by a future Amendment No. 5 addressing SB 1383 residential food waste programs (“Agreement No. 668”). Contractor agrees not to charge or assess any fee for SB 1383 residential food waste programs otherwise due to Contractor in accordance with Agreement No. 668, as it may be amended, excep t for (i) the termination of the automatic one-year extension specified in Section 1, (ii) the termination of this Agreement, or (iii) the termination or expiration of the Residential Franchise, whichever occurs first.

3. Solid Waste Management Fee.
a. Payment to City. During the Term, and subject to the provisions of this Agreement, Contractor shall pay the City a fee of five dollars ($5.00) per ton of City Waste that is generated in the City and delivered to any Contract or MRF (“Solid Waste Management Fee”).

The Solid Waste Management Fee will be adjusted ann ually commencing January 1 of each year of the Term to reflect the increase in the Consumer Price Index for Trash and Garbage Collection (CUUR0000SEHG02), U.S. City Average (not seasonally adjusted), published by the U.S.

Department of Labor, Bureau of Labor Statistics (“Trash CPI”), or any other similar index deemed acceptable by City and Contractor, October to Octob er for the previous twelve (12) months. For the purposes of this Agreement, “City Waste” means municipal solid waste, including garbage, refuse, rubbish, construction and demolition materials, and other materials and substances, such as Organic Waste and Recyclable Materials as defined b elow, discarded or rejected as being spent, useless, worthless, or in excess to the owners at the time of such discard or rejection and which are

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normally disposed of by or collected from residenti al premises (single-family and multifamily), commercial, industrial, governmental, and instituti onal establishments, and which are deemed acceptable at the Contractor MRFs as specified in Section 6(f). b. Payment; Accounting. The Solid Waste Management Fee shall be paid by Contractor to City on a quarterly basis beginning S eptember 1, 2022. With each quarterly remission of the Solid Waste Management Fee, Contractor shall submit to City a written statement of the gross tonnage to which the Solid Waste Management Fee applies. Upon request of the City, the Contractor shall also provide copies of weight tickets or other reasonably requested documentation substantiating deliveries of City Waste subject to the Solid Waste Management Fee at the times and in the amounts specified.
c. Solid Waste Management Review and Reconciliation. No more than once in any 12-month period, City may request a review and reconciliation of Contractor’s tonnage reports and other records related to tonnages of Ci ty Waste delivered to Contractor MRFs for the purpose of assisting with any audit pursuant to Section 3(d) below. Such review and reconciliation shall be conducted jointly by Contractor and City.
d. Solid Waste Management Fee Audits. No more than once in any 12- month period, City may request an audit, at City’s sole expense, of Contractor’s books, records, and accounts relating to the payment of Solid Waste Management Fee, provided that the City provides three (3) business days’ notice and the audit is conducted during normal business hours.

Such audit shall be based upon tonnage amounts determined through the review and reconciliation process described in Section 3(c) above, and conduc ted by an independent third-party certified public accountant applying Generally Accepted Auditing Standards.

4. Services to be Provided by Contractor.
a. General. Subject to the terms and conditions of this Agreement, Contractor shall guarantee capacity for, and accept, all City Waste delivered by City or its Franchised Haulers to Contractor MRFs. Contractor shall process or dispose City Waste as set forth in this Agreement.

Contractor shall be solely responsible for marketin g the finished products of any processed City Waste and shall be entitled to retain all proceeds therefrom. b. Organic Waste. Annually beginning August 1st of each year of the Term, Contractor shall divert from landfills a minimum of fifty percent (50%) of source-separated Organic Waste generated in the City and delivered to Contractor MRFs. “Organic Waste” means food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste. Contr actor shall transfer Organic Waste deemed acceptable by Contractor to a facility selected by Contractor capable of processing Organic Waste in accordance with applicable law, which includes b ut is not limited to the American Organics processing facility at 20055 Shay Rd., Victorville, CA 92394. c. Recyclable Materials. Annually beginning August 1st of each year of the Term, Contractor shall divert from landfills a mini mum of forty-five percent (45%) of source- separated Recyclable Materials generated in the City and delivered to Contractor MRFs. “Recyclable Materials” means materials which can be reused or processed into a form suitable for reuse through

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reprocessing or remanufacture, and includes paper, newsprint, printed matter, pasteboard, paper containers, cardboard, glass, aluminum, polyethylene terephathalate (PET) or other plastics, beverage containers, compostable materials, phone books, used motor oil, and such other materials designated by Contractor, or designated as recyclables by CalRecycle, or any other agency with jurisdiction. d. Mixed Waste. Annually beginning August 1st of each year of the Term, Contractor shall divert from landfills a minimum of twenty-five percent (25%) of City Waste delivered by to Contractor MRFs that is not source- separated and contains a mixture of Organic Waste, Recyclable Material, or garbage, refuse, rubbish, or similar materials. e. Residuals and Other Materials. Contractor shall deliver of all Residuals resulting from the processing of City Waste to a disposal facility selected by Contractor capable of accepting Residuals and Other Materials in accordan ce with applicable law. “Residuals” means unrecoverable materials remaining after processing City Waste for which there are no other options for viable use and which therefore must be disposed of at a disposal facility. “Other Materials” means City Waste that Contractor determines will be disposed without processing. f. Reports. At City’s request or as required of Contractor un der applicable law, Contractor will generate, and deliver to City, CalRecycle, or any agency with jurisdiction, reports pertaining to the recycling and diversion of solid waste relating to City Waste processed at Contractor MRFs. Contractor shall also maintain records of the quantities of Residuals and Other Materials transported to and accepted at disposal facilities.

5. Delivery of Covered Waste.
a. Delivery of Covered Waste. Subject to the terms and conditions of this Agreement, the City shall deliver or cause to be de livered to Contractor MRFs all City Waste generated at residential (single-family dwellings a nd multifamily dwellings of four units or less) (“Covered Waste”). For purposes of this Agreement, material delivered hereunder by Franchised Haulers shall be deemed to be material delivered hereunder by the City. The City shall ensure that each of its Franchised Haulers delivers material he reunder that complies with the provisions of this Agreement as if such Franchise Haulers were a party to this Agreement. b. City’s Use of Contractor MRFs. Contractor’s commitment to accept City Waste as set forth in this Agreement is expressly p redicated and conditioned upon the City’s commitment not to utilize any other MRFs for the pr ocessing, transfer, and disposal of Covered Waste as defined in Section 5a. This commitment fro m the City is considered as an essential part of the consideration for Contractor entering into t his Agreement under the terms and conditions set forth herein. During the Term, the City shall not, directly or indirectly, process, transfer, dispose, or cause to process, transfer or dispose, any Covered Waste at a Contractor MRF other than alternative facilities when Contractor MRFs ar e “unavailable” as specified in Section 6(f).

Any cost for the City’s use of alternative facility due to Contractor MRFs being “unavailable” shall be borne by the Contractor should there be a resulting cost to the City. c. Put or Pay. If City fails for any reason to deliver all Covered Waste, as reported by the City or Franchised Haulers to CalRecycle annually commencing August 1 of each year of the Term, then the City shall pay Contracto r an amount calculated by subtracting the

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number of tons of Covered Waste actually delivered during such year from the number of tons of Covered Waste reported to CalRecycle and multiplying the result by the Maximum Service Rates applicable at the end of such year. Any payment req uired by City under this Section 5(c) shall be in addition to any other payments due to Contractor . Contractor shall invoice City for such amounts. This Section 5(c) shall be the sole remedy for any failure by City to satisfy Section 5(a).

6. Performance Standards.
a. Operating Hours. Contractor is only required to accept City Waste that is delivered Monday through Saturday between the norma l business hours of 6 a.m. and 8 p.m., or as may be adjusted by Contractor.
b. Tracking; Scales and Weighing. Contractor shall operate and maintain permanent scales at the Contractor MRFs in compliance with applicable law. Contractor shall weigh all vehicles delivering City Waste upon initial delivery. Gross, tare and net weights will be recorded, along with vehicle number, date and time of delivery. Contractor shall prepare a daily weight record of tonnage to which the Solid Waste Management Fee applies with regard to such deliveries.

Contractor shall maintain all such reports for three (3) years. Contractor shall cause the scales to be calibrated and tested in accordance with applicable law. In the event that the scales are temporarily unavailable, the Contractor shall estimate the amount of City Waste based on historical records. c. Permits. Contractor shall obtain and maintain, at Contractor’s sole cost, all permits required under applicable law to perform th e services required of Contractor hereunder.

Contractor shall provide City copies of permits for the Contractor MRFs and provides to the City upon reasonable request. Contractor will comply with all permits, including any mitigation measures related to the operation and maintenance of the Con tractor; notwithstanding, Contractor is solely responsible for paying any fines or penalties imposed for noncompliance with or violation of permits or failure to obtain permits.
d. Excluded Waste. Contractor MRFs shall not be obligated to accept Excluded Waste. “Excluded Waste” means any City Wa ste determined by Contractor to be (i) defined, regulated or listed as “hazardous,” “toxic ,” a “pollutant,” “biomedical,” “infectious,” “volatile,” or words of similar import under any applicable laws, (ii) “designated waste” as defined in California Water Code Section 13173; (iii) “medi cal waste” as defined under the California Medical Waste Management Act; (iv) materials that w ould present a significant risk to human health or the environment, cause a nuisance or othe rwise create or expose Contractor or the City to potential liability; or (v) prohibited from being received or processed at Contractor MRFs under applicable permits or applicable law. Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over Excluded Waste, Excluded Waste shall be construed to have the broader, more encompassing definition.
e. Contaminated Waste. Contractor MRFs shall not be obligated to accept Contaminated Waste. The presence of Contaminated Wa ste shall be determined by Contractor’s visual or digital inspection. City acknowledges that Contractor shall have the right to charge and collect a fee in accordance with Section 8 for the acceptance and processing of Contaminated Waste delivered at Contractor MRFs should Contracto r agree to accept and process such waste. “Contaminated Waste” means loads with Recyclable Ma terials or Organic Waste commingled

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with City Waste other than Recyclable Materials or Organic Waste, respectively; loads with Organic Waste commingled with non-organic City Wast e; or upon notice to City, any loads that Contractor deems contaminated in accordance with in dustry standards, applicable law, or prevailing market conditions.
f. Unavailability. Contractor shall not be obligated to accept City Waste in the event the Contractor MRF to which City Waste is delivered is unavailable. A Contractor MRF will be deemed “unavailable” if, prior to the deliv ery of City Waste, Contractor advises the City by telephone and email or facsimile of any situatio n, event, or circumstance which results in the partial or complete inability of the Contractor to receive City Waste at the subject Contractor MRF and Contractor provides its best estimate of the pr obable duration that the Contractor MRF is unavailable. Contractor shall use its best efforts to resume normal operation of the Contractor MRF as soon as possible.
g. Policies and Procedures. Contractor reserves the right to request that Franchised Haulers agree in writing to comply with all Contractor policies and procedures, as such may be added or amended from time to time, relating to Franchised Haulers use of Contractor MRFs as a condition to access Contractor MRFs, incl uding but not limited to hours of operation, recordation of gross, tare and net weights, disposi tion of Unacceptable Waste as defined herein, site and vehicle safety, and compliance with applicable law.

7. Right to Inspect City Waste; Unacceptable Waste. Contractor shall have the right to inspect vehicles delivering material to any Cont ractor MRF, and may require that the hauler remove any Excluded Waste or Contaminated Waste (collectively, “Unacceptable Waste”) from any such vehicle before it is unloaded. Contractor may reject the entire load carried by the vehicle, and Contractor shall require that the hauler immediatel y remove or cause the removal of the entire delivery from the Contractor MRF if Contractor determines that (i) it is impractical to separate City Waste from Unacceptable Waste in any vehicle, or if the hauler are unwilling to make such separation, or (ii) if any vehicle is carrying waste which may spill or leak. Under no circumstances shall Contractor be obligated to permit the discharge of loads with Unacceptable Waste in whole or part. Loads containing Unacceptable Waste are neither subject to the Solid Waste Management Fee specified in Article 3 nor included in determining compliance with the Diversion Requirements specified in Article 4.

8. Maximum Service Rates. City acknowledges that Contractor shall have the right to charge and collect per-ton rates for the acceptance, processing, transfer, and/or disposal of City Waste at Contractor MRFs (“Maximum Service Rates”). Maximum Service Rates will be adjusted annually commencing January 1 of each year of the Term by the increase in Trash CPI or any other similar index deemed acceptable by Contractor, Octo ber to October for the previous twelve (12) months. Contractor may further adjust the Maximum Services Rates or add rates for new services, at its sole discretion, at any time, in the event o f, market changes, changes in law, changes in permits, increases in fuel costs, increases in disp osal facility costs, changes in operations or operational costs, increases in services requested by Franchised Haulers or City, or similar extraordinary changes (“Extraordinary Increase”). C ontractor shall provide at least thirty (30) days’ prior notice to City of any Extraordinary Increase, along with an explanation of the need for the Extraordinary Increase. Upon receipt of an Extr aordinary Increase notice, City may elect to meet and confer with Contractor to discuss the basis for the Extraordinary Increase.

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9. Unanticipated Changes. In the event of Unanticipated Changes, Contractor shall be entitled to a reduction in the Solid Waste Manag ement Fee, or other modifications to the Agreement as may be reasonably necessary. A final d etermination concerning an application for changes to the Solid Waste Management Fee or other modifications to the Agreement will be considered by the City Council within thirty (30) days of Contractor’s request, unless extended by mutual agreement between the Parties, and cannot be unreasonably denied upon Contractor’s demonstration of Unanticipated Changes. For the pur poses of this Agreement, “Unanticipated Changes” shall include but are not limited (i) an e vent or circumstance occurred or will occur which is not reasonably foreseeable, and is not a usual business risk of Contractor; or (ii) an event or circumstance occurred or will occur which is bey ond the control of Contractor; or (iii) it is necessary for Contractor to make a substantial chan ge in its operation, or substantial capital investment, in order to perform its obligations und er this Agreement or to meet the requirements of applicable law or regulation; or (iv) change in law such as but not limited to any changes that affect whether City directs or causes to direct Covered Waste to Contractor MRFs.

10. Termination. This Agreement may be terminated in whole in writing by either Party in the event of substantial failure by the other Pa rty to fulfill its obligations under this Agreement through no fault of the terminating Party, provided that no termination may be effected unless the other Party is given (i) not less than sixty (60) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (ii) an opportunity for consultation with the terminating Party prior to termination. The opportunity for consultation will include an opportunity to cure the events leading to any substantial failure within thirty (30) calendar days of the terminating Party’s written notice. If additional time is needed to effectuate a cure, such time may be requested in writing from the terminating Party subject to the terminating Party’s approval, which will not be unreasonably withheld. Notwithstanding any provision in this Agreement to the contrary, Contractor may terminate this Agreement without cause upon providing thirty (30) days’ written notice to City.

The rights and remedies of either Party provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement.

11. Contractor Defense of City. Contractor shall defend the City and its officers , employees, and agents from and against any claim, a ction, or proceeding against the City, its officers, employees, or agents to attack, set aside , void, or annul any approval or condition of approval concerning the Agreement with counsel selected by Contractor in consultation with City.

The City shall promptly notify the Contractor of an y claim, action, or proceeding concerning the Agreement, and the City shall cooperate fully in th e defense of the matter. The City reserves the right, at its own option and expense, to engage its own attorney to represent the City, its officers, employees, and agents in the defense of the matter.

12. Forbearance; Reimbursement. The City acknowledges that, in consideration of this Agreement, Contractor agreed to forebear fees that Contractor otherwise could have collected for services rendered on behalf of the City. Accordingly, notwithstanding any provision in this Agreement to the contrary, in the event City issues an effective Notice of Intent to Terminate or City terminates this Agreement prior to February 11, 2025, or the Agreement is otherwise deemed terminated, void, or enjoined by a court of competent jurisdiction, City shall immediately tender payment to Contractor in amount equal to $2.02 per each single-family dwelling and multifamily dwelling of four units or less in the City per month for a period of thirty-six (36) months.

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13. Indemnification. Except in cases of active negligence, willful misconduct, material breach of this Agreement, or violation of law by Ci ty or third parties delivering City Waste to Contractor MRFs, or by any of their boards, officers, agents, employees, assigns, or successors in interest, Contractor undertakes and agrees to defend, indemnify, and hold harmless City and any of its boards, officers, agents, employees, assigns, a nd successors in interest (collectively, “City Indemnitees”) from and against all suits and causes of action, claims, losses, demands, and expenses, including but not limited to attorney’s fees, cost of litigation (to include actual litigation costs incurred by City Indemnitees, such as the cost of experts and consultants), and damage or liability of any nature whatsoever: (i) for death or injury to any of the City Indemnitees or (ii) for damage or destruction of any property of City Indemnitees, arising by reason and to the extent of the negligent acts, errors, omissions, or willful misconduct inci dent to the performance of this Agreement by Contractor. All consultants and attorneys engaged h ereunder are subject to the approval of Contractor. This provision shall survive the expira tion of the term of this Agreement, for claims arising prior to the expiration of the term of this Agreement.

14. Insurance.
a. General. Contractor shall maintain or cause to be maintain ed commercial liability insurance with respect to the Contractor MRFs in the amount of at least $1,000,000 per claim and shall name the City as an additional insu red on such insurance. The Contractor shall furnish the City, upon request, with appropriate certificates of insurance evidencing such coverage or other appropriate proof of insurance.
b. Environmental Insurance. The Contractor will obtain insurance for potential environmental liability of the Contractor MRFs in an amount at least equal to $1,000,000 per claim. The Contractor shall maintain comparable insurance throughout the Term hereof so long as commercially available on reasonable terms, as d etermined at the reasonable discretion of Contractor. The Contractor shall notify the City in the event that the Contractor does not maintain the insurance described in this Section. The Contra ctor shall furnish the City, upon request, with appropriate certificates of insurance evidencing such coverage.

15. Disputes. If any dispute, controversy, or claim arises out o f or relates to the enforcement or interpretation of this Agreement, or any part thereof, the Parties agree to submit the dispute, controversy, or claim to binding arbit ration. Such arbitration shall be conducted by a single arbitrator. If, within twenty (20) days from the receipt of a request to arbitrate (or such longer period mutually agreed to by the Parties), t he Parties are unable to agree on an arbitrator, then a single arbitrator shall be appointed pursuan t to the Commercial Arbitration Rules of the American Arbitration Association, which shall gover n any arbitration requested under this provision. Each Party shall bear its own costs and expenses of any arbitration. Each Party shall pay one-half of the costs of the arbitrator.

16. Assignment. Neither this Agreement nor any of the rights or o bligations of the Contractor hereunder may be transferred or assigned by Contractor without the prior written consent of the City Manager, which may not be unrea sonably withheld. Notwithstanding the foregoing, a transfer or assignment to a family mem ber or an affiliate of Contractor may be undertaken upon notice to the City Manager, but without the requirement for its approval. For the purposes of this provision, (i) “family member” mea ns any parents, grandparents, siblings,

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children, and grandchildren of individuals having a shareholder or other equity interest in Contractor; and (ii) “affiliate” means any person or legal entity that, directly or indirectly, controls, is controlled by, or is under common control with Contractor.

17. Force Majeure. In the event that performance on the part of any Party hereto is affected as a result of circumstances beyond the re asonable control and without the fault and negligence of said Party, any non-performance arising therefrom shall be excused. Circumstances deemed to be beyond the control of the Parties hereunder include but are not limited to acts of God or of the public enemy; insurrection; acts of the f ederal government or any unit of state or local government in either sovereign or contractual capac ity; fires; floods; earthquakes; epidemics; quarantine restrictions; strikes; failure of City t o enforce the Municipal Code to prevent illegal hauling; and freight embargoes or delays in transportation to the extent that they are not caused by the Party’s willful or negligent acts or omissions and to the extent that they are beyond the Party’s reasonable control.

18. Amendments. Amendments, changes, or modifications in the term s of this Agreement may be made at any time by mutual written agreements between the Parties hereto and shall be signed by the persons authorized to bind the Parties thereto.

19. Applicable Law. This Agreement is governed by, and construed and enforced in accordance with, the law of the State of California , without giving effect to the state’s principles of conflicts of laws. Nothing in this Agreement sha ll be construed as obligating Contractor to perform services in furtherance of City’s complianc e with laws and regulations arising from changes in law prior to City and Contractor having agreed to any adjustment in rates, services, or fees that may be appropriate for such changes in law.

20. Jurisdiction; Venue. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of Los Angeles, State of California, and the Parties waive all provisions of law providing for a change of venue in these proceedings to any other county.

21. Disclaimer. This Agreement is not intended to create, nor sha ll be construed as creating, any Residential Solid Waste Franchise. For the purposes of this Agreement, “Residential Solid Waste Franchise” means the right and privilege granted by the City to a solid waste hauler for the purpose of collecting curbside residential solid waste, recyclables and yard waste accumulating and generated upon single-family residential premises within the boundaries of the City, to transport such solid waste to landfills, transformation facil ities or other licensed solid waste management facilities; and/or to recycle such solid waste.

22. Headings. Any headings preceding the text of the articles, sections, and subsections of this Agreement shall be solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction, or effect.

23. Interpretation. The language of this Agreement shall be construed according to its fair meaning and not strictly for or against Ci ty or Contractor. Any rule or law that would require interpretation of any term or ambiguity in this Agreement against the party that drafted the applicable provision is waived.

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24. Notices. The names of the persons who are authorized to give written notices or to receive written notices on behalf of City and on behalf of Contractor under this Agreement.

For City: For Contractor:

Name: René Bobadilla Contractor: Athens Services
Title: City Manager Attn. (name): Gary Clifford
Dept.: Administration Title: Executive Vice Preside nt
Address: 1600 West Beverly Blvd Address: 14048 Vall ey Blvd Montebello, CA 90640 City of Industry, CA 91746

Phone: (323) 887-1363 Phone: (626) 336-3636

Each Party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address.

25. Severability. Should any portion of this Agreement be determine d to be void or unenforceable, such shall be severed from the whole and the Agreement will continue as modified.

26. Recitals. The recitals to this Agreement are not intended to bind the Parties hereto.

In the event of a conflict between the recitals and the operative provisions of this Agreement, the operative provisions shall prevail.

27. Waiver. No action of Contractor or City pursuant to this Agreement (including, but not limited to, any investigation or payment), and no failure to act, shall constitute a waiver by either Party of the other Party’s compliance with a ny term or provision of this Agreement. No course of dealing or delay by Contractor or City in exercising any right, power, or remedy under this Agreement shall operate as a waiver thereof or otherwise prejudice such Party’s rights, powers, and remedies. No single or partial exercise of (or failure to exercise) any right, power, or remedy of Contractor or City under this Agreement shall preclude any other or further exercise thereof of any other right, power, or remedy.

28. Further Assurances. At any and all times the Contractor and the City so far as may be authorized by law shall pass, make, do, execute, acknowledge, and deliver any and every such further resolutions, acts, deeds, conveyances, instruments, assignments, transfers, and assurances as may be necessary or reasonably requested by the other in order to give full effect to this Agreement.

29. Relationship of Parties; Independent Contractor. Contractor is an independent contractor of City and nothing in this Agreement shall be deemed to constitute either Party a partner, agent, or legal representative of the other Party or to create any fiduciary relationship between the Parties. The work and labor herein provided for shall be performed and furnished by Contractor as an independent contractor and under the sole supervision, management, direction, and control of Contractor in accordance with the terms and conditions of this Agreement. This Agreement shall not be construed to create a partnership, joint venture, or employment relationship between the Parties.

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30. Due Execution. The person(s) executing this Agreement on behalf of the Parties hereto warrant(s) that (i) such Party is duly organized and existing; (ii) such person(s) are duly authorized to execute and deliver this Agreement on behalf of said Party; (iii) by so executing this Amendment, such Party is formally bound to the provisions of this Agreement; and (iv) entering into this Agreement does not violate any provision of the Montebello Municipal Code and any other agreement to which said Party is bound.

31. Entire Agreement; Integration. This Agreement contains the entire agreement and understanding between the Parties with respect to the subject matter of this Agreement, and supersedes any and all prior or contemporaneous oral and written representations, warranties, agreements, and understandings between the Parties concerning the subject matter of this Agreement.

32. Counterparts. This Agreement may be executed in counterparts, each of which shall be considered an original.
[Signature page follows.]

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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth below.

CITY OF MONTEBELLO ARAKELIAN ENTERPRISES
INC. dba ATHENS SERVICES

By: ______________________ By: __________________ ___ Kimberly Ann Cobos-Cawthorne Ron Arakelian, III
Mayor Executive Officer

Dated: ______________________ Dated: ____________ ______

ATTEST:

By:_________________________ Dated: _____________ ______ Christopher Jimenez
City Clerk

APPROVED AS TO FORM:

By:_________________________ Dated: _____________ ______ Arnold Alvares-Glasman
City Attorney

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Exhibit A

MAXIMUM SERVICE RATES

(Effective August 1, 2022 through December 31, 2022)

Service Description Rate
Mixed Waste Processing $150.00/ton
Organic Waste Processing $125.00/ton
Recyclable Material Processing $65.00/ton
Construction & Debris Processing $125.00/ton
Solid Waste Transfer and/or Direct Disposal $95.00/ ton Contamination Fee $25.00/ton

ITEM #____

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Lupita Ibarra, Director of Transportation
SUBJECT: Approve Sole-Source Agreement No. 3978 with Optibus, Inc., for Scheduling Software Licenses and Support Services
DATE: August 1, 2022
RECOMMENDATIONS:

It is recommended that the City Council:
1) Approve a sole-source agreement with Optibus, Inc. ( “Optibus”), for scheduling software licenses and support services; and
2) Authorize the City Manager and/or his designee to execute an agreement on behalf of the City; and
3) Take such additional, related, action that may be desirable.

FISCAL IMPACT
The cost for the scheduling software licenses and support services over a two-year (2) term is for a total not- to-exceed amount of One Hundred Twenty-Three Thousand, One Hundred and Seven Dollars ($123,107). The payment schedule is as follows:

Year 1 Year 2 Total 2-Year Agreement
$64,908 $58,199 $123,107
Funding for this agreement will be allocated from the Transportation Department’s Fiscal Year 2022-23 adopted operating budget (Account No. 600- 90-910-6040.65, Contract Services, Equipment/Software) and the Federal Transit Administration (FTA) Grant CA- 2017-149 FTA (Account No. 270-9061-2017-090). Therefore, a budget amendment is not needed.
14 CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF AUGUST 1, 2022 Approve Sole-Source Agreement No. 3978 with Optibus, Inc., for Scheduling Software Licenses and Support Services

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Montebello City CouncilAugust 1, 2022

Montebello City Council
August 1, 2022